Structure of the Courts in Ghana

Introduction

• Focus on the Ghana legal system and methods.
• Discussion on the structure of the courts in Ghana, based on the 1992 Constitution.

Article 126 of the 1992 Constitution

• Judiciary Composition:
  • Superior Court of Judicature:
    • Supreme Court
    • Court of Appeal
    • High Courts and Regional Tribunals
  • Lower Courts or Tribunals:
    • Established by Parliament.

Structure and Grouping

• Courts in Ghana divided into two main categories:
  • Superior Courts (created by the Constitution)
    • Supreme Court
    • Court of Appeal
    • High Court
    • Regional Tribunals
  • Lower Courts (created by an Act of Parliament)
    • Circuit Courts
    • District Courts
    • Juvenile Courts
    • National House of Chiefs, Regional House of Chiefs, and Traditional Councils

Important Clarifications

• Terminology:
  • "Appeal Courts" is incorrect. The correct term is "Court of Appeal."
  • The Supreme Court and High Courts can exercise appellate jurisdiction.
• Creation by Constitution vs. Parliament:
  • Superior Courts are constitutionally established.
  • Lower Courts are established by legislative acts, specifically the Courts Act 1993 (Act 459).

Courts Act 1993 (Act 459)

• Section 39 Establishes Lower Courts:
  • Circuit Courts, District Courts, Juvenile Courts, National and Regional Houses of Chiefs, and Traditional Councils.

Superior Courts

• Powers and Jurisdiction:
  • Superior Courts are courts of record.
  • Have the authority to commit for contempt.
  • Distinction between contempt within the face of the court (in facie curiae) and outside (ex facie).
• Case Reference:
  • Republic vs. District Court Grade One Techiman [1991]
    • Addressed limitations of inferior courts concerning contempt outside the court.

Conclusion

• Court Structure Summary:
  • Superior Courts include Supreme Court, Court of Appeal, High Court, and Regional Tribunals.
  • Lower Courts include Circuit, District, Juvenile Courts, and the Houses of Chiefs.
• Next Lecture Preview:
  • Discussion on the jurisdiction of these courts.

This lecture concludes the overview of the structure of courts in Ghana. The next topic will explore the jurisdiction of these courts.