According to the constitution of Ghana, justice emanates from the people and shall be administered in the name of the Republic by the Judiciary, which shall be independent and subject only to this Constitution. Ghanaian courts have acted with increased autonomy under the 1992 constitution.
Citizens may exercise popular participation in the administration of justice through the institutions of public and customary tribunals and the jury and assessor systems. The judicial power of Ghana shall be vested in the Judiciary; accordingly, neither the President nor Parliament nor any organ or agency of the President or Parliament shall have or be given final judicial power.
The Chief Justice shall, subject to this Constitution, be the Head of the Judiciary and shall be responsible for the administration and supervision of the Judiciary. The Judiciary shall have jurisdiction in all matters civil and criminal, including matters relating to this Constitution, and such other jurisdiction as Parliament may, by law, confer on it. The Judiciary shall consist of The Superior Courts of Judicature comprising (i) The Supreme Court; (ii) The Court of Appeal; and (iii) The High Court and Regional Tribunals.
According to the constitution, the Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court. At present, the Supreme Court of Ghana, which consists of the Chief Justice and ten other Justices, is the final court of appeal and has jurisdiction over matters relating to the enforcement or the interpretation of constitutional law.
Current Chief Justice: Her Ladyship Mrs Georgina Wood
Director of Public Prosecutions: Mr Osafo Sampong
The Court of Appeal, which includes the chief justice and not fewer than ten other judges, has jurisdiction to hear and to determine appeals from any judgment, decree, or High Court of Justice order.
The High Court of Justice, which consists of the chief justice and not fewer than twenty other justices, and such other Justice of the Superior Court of Judicature as the Chief Justice may, by writing signed by him, request to sit as High Court Justice for any period. The high court has jurisdiction in all matters, civil and criminal, other than those involving treason. Lower Courts: Such lower courts or tribunals as Parliament may by law establish.
Regional Tribunals shall consist of the Chief Justice, one Chairman and such members who may or may not be lawyers as shall designated by the Chief Justice to sit as panel members of a Regional Tribunal and for such period as shall be specified in writing by the Chief Justice.
There is Judicial Council, which comprise the following persons: The Chief Justice who is Chairman; The Attorney-General; A Justice of the Supreme Court nominated by the Justices of the Supreme Court; A Justice of the Court of Appeal nominated by the Justices of the Court of Appeal; A Justice of the High court nominated by the Justices of the High Court; Two representatives of the Ghana Bar Association one of whom shall be a person of not less than twelve years' standing as a lawyer. A representative of the Chairmen of Regional Tribunals nominated by the Chairmen; A representative of the lower courts or tribunals; The Judge Advocate-General of the Ghana Armed Forces; The Head of the Legal Directorate of the Police Service; The Editor of the Ghana Law Reports; A representative of the Judicial Service Staff Association nominated by the Association; A chief nominated by the National House of Chiefs; and Four other persons who are not lawyers appointed by the President
The functions of the Judicial Council are:
To propose for the consideration of Government, judicial reforms to improve the level of administration of justice and efficiency in the Judiciary; To be a forum for consideration and discussion of matters relating to the discharge of the functions of the Judiciary and thereby assist the Chief Justice in the performance of his duties with a view to ensuring efficiency and effective realization of justice; And To perform any other functions conferred on it by or under this Constitution or any other law not inconsistent with this Constitution.
The Attorney - General: Under the Constitution of Ghana, there is an Attorney-General of Ghana who is a Minister of State and the principal legal adviser to the Government.
The Attorney-General discharges such other duties of a legal nature as may be referred or assigned to him by the President, or imposed on him by the Constitution or any other law.
The Attorney General is responsible for the initiation and conduct of all prosecutions of criminal offences.
All offences prosecuted in the name of the Republic of Ghana is at the suit of the Attorney-General or any other person authorized by him in accordance with any law.
The Attorney General is responsible for the institution and conduct of all civil cases on behalf of the State; and all civil proceedings against the State shall be instituted against the Attorney General as defendant.
The Attorney General has audience in all courts in Ghana.
Current Minister of Justice & Attorney General: Hon. Dr. Benjamin Kumbour