The Supreme Court celebrates 150 years with renewed discussions on its evolving role in Ghana’s constitutional democracy. The milestone has also reignited debate on reforms aimed at improving the court’s efficiency and preserving its core mandate.
His Lordship Justice Kweku Tawiah Ackaah-Boafo has argued that the Supreme Court’s current workload requires urgent constitutional reforms to ensure the institution functions more effectively. The Jurist observed that the broad jurisdiction granted under the Constitution has placed excessive demands on the country’s highest court.
Addressing the assessment of the Supreme Court at 150, His Lordship explained that Article 131 of the Constitution permits appeals from the Court of Appeal to the Supreme Court as of right in both civil and criminal matters. According to him, that provision allows virtually every qualifying appeal to reach the apex court, regardless of whether the legal issues require further determination.
The Jurist stated that cases originating from lower courts in places such as Prestea, Sekondi and Tarkwa eventually find their way to the Supreme Court after passing through the Court of Appeal. Consequently, he suggested that some appellate responsibilities should return to the Court of Appeal to enable the Supreme Court to focus more on constitutional interpretation and matters of national importance.
“The Supreme Court’s supervisory jurisdiction is being abused. When a judge coughs, judicial review follows, and when a judge sneezes, judicial review follows. Some of these applications are clearly meritless, and we need mechanisms that filter them before they reach a panel.”
His Lordship Justice Kweku Tawiah Ackaah-Boafo
Discussing possible reforms, His Lordship proposed introducing a leave process that would require prospective appellants to obtain permission before filing certain appeals at the Supreme Court. He explained that such a system would prevent settled legal issues from repeatedly occupying the court’s limited judicial time.
Furthermore, the Jurist drew comparisons with the judicial systems of Canada and other jurisdictions where only matters raising significant legal questions proceed to the highest court. He noted that unanimous decisions of provincial appellate courts in Canada do not automatically qualify for appeal before the Supreme Court unless specific legal thresholds are satisfied.
Justice Ackaah-Boafo also advocated the appointment of highly qualified judicial researchers and legal clerks to examine applications before they reach judges. From his perspective, experienced legal professionals could identify applications lacking merit and reduce the volume of unnecessary cases placed before judicial panels.
Additionally, His Lordship observed that the Supreme Court of Ghana currently sits almost every week, unlike comparable apex courts in Canada and the United States, which operate through structured sessions during the legal year. He suggested that adopting a similar approach would allow judges adequate time to reserve judgments while concentrating on cases that raise substantial constitutional and legal questions.
Live Court Broadcasts Could Deepen Public Trust In Justice
His Lordship Justice Kweku Tawiah Ackaah-Boafo also indicated that Ghana’s judiciary can strengthen public confidence by adopting carefully managed live broadcasts of selected Supreme Court proceedings. The Jurist explained that greater transparency should be balanced with measures that preserve the dignity and integrity of the court.
Discussing the evolution of judicial openness during the assessment of the Supreme Court at 150, His Lordship noted that court proceedings are already conducted in public. According to him, the discussion should focus on the most appropriate platform for broadcasting proceedings instead of whether greater public access should exist.
Drawing comparisons with other jurisdictions, the Jurist explained that the Supreme Court of the United States provides audio recordings and live audio streaming instead of televised proceedings. He added that transcripts of oral arguments are later made available to the public to enhance access to judicial information.
Furthermore, Justice Ackaah Boafo pointed to Canada’s model, where Supreme Court proceedings are streamed live through CPAC and the court’s official website instead of terrestrial television. He also observed that the United Kingdom operates a similar system that relies on official digital platforms to make hearings accessible.
“The time has come for us to have live broadcasts of some of these oral arguments. If we choose that path, it should be through the court’s own systems with the right infrastructure to support it.”
His Lordship Justice Kweku Tawiah Ackaah-Boafo
According to His Lordship, adopting a similar arrangement in Ghana would require investment in technology, including a dedicated judicial website and live streaming facilities. He explained that such a model could improve transparency while allowing the judiciary to retain control over the presentation of its proceedings.
The Jurist also reflected on the transformation of courtroom advocacy, observing that oral arguments before the Supreme Court have changed considerably over the years. He remarked that modern court practice often gives lawyers less time to develop detailed submissions than was common in earlier decades.
Recalling his years at the Ghana School of Law, Justice Ackaah-Boafo said students regularly attended Supreme Court hearings to observe experienced advocates in action. He cited landmark litigation such as Ekwam v Pianim as an example of cases that demonstrated exceptional courtroom advocacy and legal reasoning.
Additionally, the Jurist acknowledged that developments within the legal system have naturally influenced the way advocacy is conducted today. He nevertheless indicated that preserving opportunities for meaningful oral argument remains valuable for legal education and the continued development of Ghana’s jurisprudence.
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