Ghana - Amnesty International

GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 1072.3. COURT SYSTEMGhana has both civilian and military court systems.2.3.1. STRUCTURE OF THE CIVILIAN COURT SYSTEMThe Ghanaian judiciary is comprised of four levels of civilian courts with jurisdiction over torts andcrimes. The first level includes the lower courts, which deal with lesser crimes and civil cases. 16 .The three levels of courts dealing with serious crimes constitute the Supreme Courts of Judicature.The first level includes both the Regional Tribunal and High Court, then the Court of Appeal, andfinally the Supreme Court. 17 Regional Tribunals have jurisdiction over criminal offences against thestate and the public interest as prescribed by law, but they cannot hear civil cases, jury trials orcertain other criminal cases. 18 The High Court has both original jurisdiction over criminal mattersand appellate jurisdiction over decisions of the lower courts. 19Appeals from the High Court and Regional Tribunals are heard by the Court of Appeal. 20 Appealsfrom the Court of Appeal are heard by the Supreme Court as of right in criminal and civil mattershaving passed through the High Court and the Court of Appeal, or with leave of the Court of Appealor the Supreme Court in other instances. 21 In addition, the Supreme Court of Ghana has original,exclusive jurisdiction to enforce or interpret provisions of the Constitution. The only exception is thatit and the High Court have concurrent jurisdiction in enforcement of the Fundamental Human Rights16At present, the lower courts, including district courts, circuit courts, and circuit tribunals, have jurisdictionover civil matters, summary offences, and over any action that arises out of the Children’s Act, 1998. Juvenilecourts have the power to hear any matter involving a person below eighteen years of age and, in those instances,exercises the powers of a district court. Circuit courts have jurisdiction over civil suits and over all criminalmatters other than treason, offences triable under indictment, and offences punishable by death. Courts Act,1993 (Act 459) (Courts Act), as amended by Courts (Amendment) Act, 2002 (Act 620), sects. 42 – 50.171992 Constitution, Ch. XI, art. 126. Due to frequent historical changes in the structure and hierarchy of thejudiciary in Ghana, lower courts have been known by a number of names, including: circuit courts, circuittribunals, community tribunals, district and juvenile courts. See S.A. Brobbey, Practice and Procedure in theTrial Courts and Tribunals of Ghana, Accra: Black Mask, 2000, pg. 7; Courts Act, sect. 39.181992 Constitution, Ch. XI, art. 143. Regional Tribunals try in particular economic offences and offencesinvolving fraud, loss of state funds or property. Courts Act, sect. 24.191992 Constitution, Ch. XI, art. 140 (1). Courts Act, sects. 15 - 21.201992 Constitution, Ch. XI, art. 137. Courts Act, sect. 11. An appeal from the Circuit Court in a civil actionmay also be heard by the Court of Appeal. An appeal from the Circuit Court in a criminal matter may be heard bythe High Court. Courts Act, sects. 11, 21, 44.211992 Constitution, Ch. XI, art. 131. Appeals from the Court of Appeal are also heard as of right in civil andcriminal matters having passed through the Court of Appeal from a judgment of Regional Tribunals exercisingtheir original jurisdiction. The Court of Appeal must grant leave in other causes or matters, where the matteroriginated in a court lower than the High Court or a Regional Tribunal. Alternatively, the Supreme Court maygrant special leave in any cause or matter, civil or criminal. 1992 Constitution, Ch. XI, art. 131; Courts Act, sect.4.Index: AFR 28/004/2012 Amnesty International November 2012