Courts Act 1993 (ACT 459)

The Supreme Court is made up of the Chief Justice and at least nine other Justices. The Chief Justice presides at sittings, or the most senior Justice does if the Chief Justice is absent. A person may be appointed as a Supreme Court Justice only if they meet the stated character and experience requirements.

The Supreme Court is the final court of appeal and has broad jurisdiction and powers. It is not bound by decisions of other courts, may depart from its own previous decisions in appropriate cases, and other courts must follow its legal decisions.

The Supreme Court has exclusive original jurisdiction over constitutional interpretation and enforcement matters, and lower courts must stay proceedings and refer related questions of law to it.

This section sets when appeals can go from the Court of Appeal to the Supreme Court, including appeals as of right, appeals with leave, and special leave applications.

The Supreme Court may supervise all courts and adjudicating authorities and issue orders and directions to enforce that supervisory power.

The Supreme Court may review its own decisions, subject to grounds and conditions set by rules of court.

A single Justice may exercise some Supreme Court powers, but not powers involving deciding a cause or matter before the Court.

The Supreme Court decides whether certain official documents may be withheld from production in court, and related proceedings are handled in camera.

The President may refer a mercy petition case, or a point in it, to the Supreme Court; the Court must then hear the case or give its opinion.

This section sets out the composition of the Court of Appeal, who may serve as a Justice, and how the court decides cases.

The Court of Appeal can hear appeals from specified lower-court decisions, and some appeals require leave or notice within one month in criminal cases.

A single Justice of the Court of Appeal may exercise certain powers of the Court of Appeal, so long as the matter is not a decision of a cause or matter before the Court. In criminal cases, an affected person can require the full Court of Appeal to determine an application the Justice refused or granted. In civil cases, the full Court may vary, discharge, or reverse the order, direction, or decision.

The Court of Appeal can change outcomes in an appeal case, including confirming or replacing sentences, substituting convictions, making orders on special verdicts, ordering custody for a criminally insane appellant, ordering a retrial, and directing safe custody matters for the President.

This section sets the makeup of the High Court and says who can be appointed as a Justice of the High Court.

The High Court has broad original and appellate jurisdiction, including enforcing constitutional human rights, but it cannot convict for an offence other than high treason or treason in a treason trial. A Justice of the High Court may exercise High Court jurisdiction in court or chambers under court rules.

The High Court has supervisory jurisdiction over lower courts and lower adjudicating authorities, and may issue orders and directions to enforce that power.

Only the High Court may try an act of piracy, except where an enactment gives a right of appeal.

The High Court may make guardianship, custody, maintenance, estate, and related welfare orders for infants, and the infant’s welfare is the main consideration.

The High Court may make orders about persons of unsound mind, including appointing guardians, changing those appointments, and making directions about welfare, property, contracts, and legal proceedings.

The High Court has jurisdiction over listed maritime claims and may grant related relief and orders.

This section lets certain people appeal to the High Court, but some appeals need leave and the appellant must meet Rules of Court conditions.

The Chief Justice may appoint qualified lawyers as Masters of the High Court, and a Master may have prescribed duties and hear appeals from a Master’s decision may go to the Court of Appeal with leave.

A Regional Tribunal must be made up of the Chief Justice, one Chairman, and designated panel members; the Chairman must meet High Court Justice qualifications, and panel members must be of high moral character and proven integrity.

A Regional Tribunal can hear certain criminal matters, but it cannot try a case that requires a jury or assessors.

A Regional Tribunal has High Court powers in its jurisdiction, including power to make criminal orders and sentences. High Court criminal-trial evidence and procedure rules also apply to Regional Tribunal trials, subject to this Sub-Part.

Regional Tribunal decisions are decided by majority; in some convictions, the Tribunal must grant bail on notice of appeal; appeals go to the Court of Appeal, which can only hear them if court rules are satisfied.

The Chief Justice appoints Regional Tribunal panel members other than the Chairman, after consulting the Regional Co-ordinating Council and on the advice of the Judicial Council.

A death sentence must not be carried out while a related appeal is pending.

Court-ordered compensation, prosecution expenses, or property restoration made after a conviction is generally suspended while appeal time runs or an appeal is pending. The trial court may order immediate enforcement for stolen property cases where title is not disputed.

An appellate court may make a range of orders in criminal appeals, including reversing, altering, annulling, or varying findings, sentences, and related orders.

An appellate court hearing a criminal appeal must allow it in some cases and must dismiss it in others, depending on whether there was a substantial miscarriage of justice or only certain technical or pleading defects.

The appellate court may, subject to article 135 of the Constitution, order production of documents or other items, require certain witnesses to attend and be examined, and admit depositions as evidence when it considers this necessary or expedient in the interests of justice.

The court may grant bail or suspend a sentence pending appeal, and an appellant in custody can ask to be present at the hearing unless removed for misconduct.

The Supreme Court may summarily dismiss an appeal if it is frivolous, vexatious, or shows no substantial ground.

An accused may offer compensation or restitution; the prosecutor and court must assess it, and if accepted the court may convict on the accused’s plea and order payment instead of sentence.

The Superior Courts of Judicature have power to punish contempt and to issue orders needed to enforce their judgments, decrees, or orders.

The listed superior courts must each have a seal, and the Chief Justice may prescribe its form.

The Chief Justice may तयermine where the Supreme Court, Court of Appeal, High Court, and Regional Tribunal usually sit, subject to the Constitution; proceedings are not invalid just because a sitting happens elsewhere.

This section establishes the country’s lower courts: Circuit Courts, District Courts, Juvenile Courts, and certain chieftaincy bodies for chieftaincy matters.

This section sets up Circuit Courts in each Region, gives the Chief Justice control over their jurisdiction and sittings, and requires qualified judges.

The Chief Justice, or a Superior Court of Judicature Justice nominated by the Chief Justice, may sit as a Circuit Court Judge.

This section sets the civil matters a Circuit Court can hear, including certain claims up to ¢100 million, and says disputed higher-value cases must be evidence-tested and transferred to the High Court unless the parties agree otherwise.

A Circuit Court has original jurisdiction over criminal matters, except treason, indictable offences, and offences punishable by death.

A person aggrieved by a Circuit Court judgment may appeal, subject to the Act and Rules of Court.

The Chief Justice decides how many District Courts exist in each District and specifies each court’s jurisdiction area.

A person can be appointed as a District Court Magistrate only if they have high moral character and proven integrity. The Chief Justice, a Superior Court Justice, or a nominated Circuit Court Judge may sit as a District Court Magistrate, and the Chief Justice may direct where and when District Court sittings are held.

This section gives District Courts civil jurisdiction over specified kinds of cases, subject to monetary limits and other conditions, and allows the Attorney-General to amend those limits by legislative instrument.

District Courts can try certain criminal matters summarily, but only within set offence and sentencing limits; the Attorney-General can also change the listed amounts by legislative instrument.

The Chief Justice may designate a District Court as a Juvenile Court, and Juvenile Courts may hear civil or criminal matters involving people under 18.

A District Court has jurisdiction over actions under the Children’s Act and acts as the Family Tribunal for those purposes.

District Courts and Magistrates have specified powers and duties, including handling writs, jurisdiction objections, orders, and process.

Magistrates must send monthly criminal-case lists to the High Court, and the High Court Judge may revise cases from those lists.

Magistrates are subject to High Court directions, and a High Court Judge or the Chief Justice may direct reporting and exercise certain High Court functions.

This section tells courts how to choose the applicable law for disputes and related issues, using party intent first in transactions and then a set of fallback rules based on personal law, land location, and justice-based principles.

The court must treat questions about the existence or content of customary law as questions of law, and it may adjourn proceedings and seek an inquiry or opinion when there is doubt.

This section limits when Ghana’s courts may handle criminal cases and allows some offences committed outside Ghana to be tried in Ghana.

These courts may not hear any case or matter affecting chieftaincy, whether at first instance or on appeal, subject to the Constitution.

A court may summon any person to give evidence or produce documents, on its own motion or on a party’s application, subject to any enactment or rule of law.

In a criminal case, the court may immediately issue a warrant to arrest and bring a witness before the court if satisfied by sworn evidence that the person has material evidence and will not attend unless compelled.

A court may release a witness arrested on warrant for a hearing if the witness gives security; if proper security is not provided, the court must detain the witness for production at the hearing.

A witness who is summoned must attend court as required, stay unless permitted to leave, and return when ordered after adjournment unless there is a reasonable excuse.

Courts must require witnesses to be examined on oath, but may take evidence without oath in some cases. A person who refuses to be sworn, answer, produce required items, or sign a deposition can be guilty of contempt of court.

A person present in court may be required by the court to give evidence or produce documents, and refusal can be punished.

A judge or tribunal chairman may issue a warrant to bring a prisoner or person in custody to court to give evidence, but only if there are probable grounds. The prison official must immediately comply with the warrant.

A court may allow witnesses money for expenses and loss of time, and a person cannot refuse to attend or give evidence just because expenses have not been paid first.

Witness allowances allowed under section 65 must be paid, with civil proceedings payments made by the party on whose behalf the witness is called.

A person who gives false evidence in court proceedings on a declaration without oath commits an offence and is punished as if the evidence had been given on oath.

A court may order inspection of movable or immovable property in a case, and may give directions about the inspection.

A court may record oral evidence, and the resulting transcript becomes the official record; recording and transcription are supervised, sworn where required, and falsification is punishable.

Access to court records is restricted, but a person affected by a judgment or court order can get a copy if they apply and pay the cost, unless the court decides to provide it free.

Court proceedings minutes must be signed by an authorised court officer.

Courts with civil jurisdiction and their officers must promote reconciliation and amicable settlement of disputes; when a civil case is pending, the court may also do so for the parties.

A criminal court may help settle certain non-felony, non-aggravated offences amicably; if settlement is reached, it must dismiss the case and discharge the accused.

The High Court may stop a person from starting new legal proceedings without leave if that person has repeatedly brought vexatious cases without reasonable grounds.

The High Court may order witness examination or attendance, and the production of documents, for foreign tribunal matters.

Certain diplomatic officers may issue a certificate about the nature of evidence needed for an application under section 75.

A person authorised under an order made under section 75 may take all examinations of a witness on oath.

People required to attend under section 75 are entitled to the same allowances as a witness at a High Court trial.

People examined under a section 75 order may refuse to answer incriminating questions and may not be forced to produce documents they could not be forced to produce at trial.

The Rules of Court Committee may make Rules of Court for all courts in Ghana, subject to the Constitution.