The Judiciary & Judicial Independence in the Fourth Republic
Structure of the courts (Superior vs. Lower courts), original, appellate, and supervisory jurisdiction of the Supreme Court, and judicial review.
Presidential election petitions in 2012 and 2020 in Ghana were resolved peacefully by the Supreme Court exercising its constitutional mandate.
Key Syllabus Learning Objectives
- 1Chart the hierarchy of the Superior and Lower Courts of Ghana under the 1992 Constitution
- 2Analyze the exclusive original jurisdiction of the Supreme Court in constitutional interpretation
- 3Evaluate constitutional safeguards guaranteeing judicial independence and immunity
Comprehensive Syllabus Study Notes
- Structure of the Judicial System in Ghana (Article 125, 1992 Constitution):
- Superior Courts of Judicature:
- Lower Courts: Circuit Courts, District Courts, Juvenile Courts.
- Safeguards of Judicial Independence:
- Salaries and retirement benefits charged directly to the Consolidated Fund (cannot be reduced by the President or Parliament).
- Security of tenure: Superior court judges retire at age 70 and cannot be removed except for stated misbehavior or physical/mental infirmity investigated by a judicial tribunal.
Presidential election petitions in 2012 and 2020 in Ghana were resolved peacefully by the Supreme Court exercising its constitutional mandate.
Only the SUPREME COURT has exclusive original jurisdiction to interpret and enforce the provisions of the 1992 Constitution!
- Only the SUPREME COURT has exclusive original jurisdiction to interpret and enforce the provisions of the 1992 Constitution!
- Confusing original jurisdiction with appellate jurisdiction.
- Placing the Court of Appeal above the Supreme Court.
- Saying Parliament can review a judgment already given.
- Naming customary and native authorities courts as superior courts.
- Treating judicial review as the same as an appeal on the facts.
- Chart the hierarchy of the Superior and Lower Courts of Ghana under the 1992 Constitution
- Analyze the exclusive original jurisdiction of the Supreme Court in constitutional interpretation
- Evaluate constitutional safeguards guaranteeing judicial independence and immunity
Ready for the Topic Quiz?
3 WAEC-standard multiple choice questions with instant explanations.
Student Study Notes & Discussion
Share what you understood, ask questions, or drop helpful revision tips on The Judiciary & Judicial Independence in the Fourth Republic.