Chief Justice of Ghana
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The Chief Justice of Ghana is the highest-ranking judge of the
Supreme Court of Ghana The Supreme Court of Ghana is the highest judicial body in Ghana. Ghana's 1992 constitution guarantees the independence and separation of the Judiciary from the Legislative and the Executive arms of government.1992 Constitution Article 125( ...
. The chief justice is also the head of the
Judiciary of Ghana The Judiciary of Ghana comprises the Superior Courts of Judicature, established under the 1992 Constitution, and the Inferior Courts, established by Parliament. The hierarchy of courts derives largely from British juridical forms. The courts hav ...
and is responsible for its administration and supervision. In order of state precedence, the chief justice is the fourth highest official in
Ghana Ghana (; tw, Gaana, ee, Gana), officially the Republic of Ghana, is a country in West Africa. It abuts the Gulf of Guinea and the Atlantic Ocean to the south, sharing borders with Ivory Coast in the west, Burkina Faso in the north, and Tog ...
.


Historical background

The Supreme Court Ordinance of 1876 ended the 10-year absence of a
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, establishing a Supreme Court of Judicature for the Gold Coast Colony. The court consisted of the chief justice and not more than four
puisne Puisne (; from Old French ''puisné'', modern ''puîné'', "later born, younger" (and thence, "inferior") from late Latin ''post-'', "after", and ''natus'', "born") is a legal term of art obsolete in many jurisdictions and, when current, used main ...
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s. This led to the appointment of the first chief justice, Sir David Patrick Chalmers by the
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...
colonial authorities in 1876. The nature of the office of chief justice evolved with the years. The 1954 Gold Coast constitution provided for the chief justice to be appointed on the advice of the prime minister while other judges and judicial officers were appointed on the advice of the Judicial Service Commission. Under the 1957 Ghana constitution, on the attainment of independence, the chief justice and all superior justices were appointed on the advice of the prime minister as the Judicial Service Commission was abolished. Sir Kobina Arku Korsah became the first Ghanaian chief justice. Under the 1969 constitution, the chief justice was appointed by the president acting in consultation with the Council of State. The office has not changed much since the 1979 constitution though the court system underwent a lot of changes under various military governments between 1972 and 1993.


Appointment and office tenure

The chief justice is appointed by the
president of Ghana The president of the Republic of Ghana is the elected head of state and head of government of Ghana, as well as commander-in-chief of the Ghana Armed Forces. The current president of Ghana is Nana Akufo-Addo, who won the 2020 presidential ...
in consultation with the
Council of State of Ghana The Council of State in Ghana is a small body of prominent citizens, analogous to the Council of Elders in the traditional political system, which advises the President on national issues. The Council of State was established by Articles 89 to 92 ...
and with the approval of the Parliament of Ghana. A person qualified to be the chief justice of Ghana must be of a high moral character and have proven integrity and must have been a lawyer for at least fifteen years to have been eligible for appointment to the Supreme Court in the first place. Where the office of the chief justice is vacant or the chief justice is incapacitated and unable to carry out his duties, the most senior of the justices of the Supreme Court is expected to act in his place until he is able to resume or a new substantive chief justice is appointed by the president.1992 Constitution of Ghana Article 144 (6). The chief justice and any other justice of the superior courts may voluntarily retire on reaching the age of 60 years or stay on till the compulsory retiring age of 70 years.


Supreme Court and other superior courts

The Supreme Court consists of the chief justice and at least nine other judges. The chief justice is expected to preside at all sittings of the Supreme Court whenever present. The chief justice is the most senior member and oversees the administration of the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
. The chief justice is also a member and administrator of the High Court and the Regional Tribunals.


Judicial Council

The chief justice is the chairman of the Judicial Council of Ghana. The council is expected to propose judicial reforms to the Ghana government to help improve the level of administration of justice and efficiency in the Judiciary. It is also expected to be a forum to enhance the administration of justice in Ghana.


Other duties

*Administer the presidential oath and the vice presidential oaths before parliament prior to both assuming their offices. *Administer the oath of allegiance and the judicial oathto all justices of the superior courts or designate someone to act in his stead. *Chairman of the Rules of Court Committee which makes rules regulating the practice and procedure of all courts in Ghana. *To set up a tribunal to resolve grievances against the Electoral Commission of Ghana. *Convene and chair a tribunal to oversee proceedings relating to the removal of the
president of Ghana The president of the Republic of Ghana is the elected head of state and head of government of Ghana, as well as commander-in-chief of the Ghana Armed Forces. The current president of Ghana is Nana Akufo-Addo, who won the 2020 presidential ...
from office. *Appoint judicial officers on the advice of the Judicial Council and subject to the approval of the president.


Current Chief Justice

The current chief justice is
Kwasi Anin-Yeboah Kwasi Anin-Yeboah (born 24 May 1953) is a Ghanaian judge and the current Chief Justice of Ghana. In December 2019, President Nana Addo Dankwa Akufo-Addo nominated Justice Anin-Yeboah as the Chief Justice of Ghana. Early life and education An ...
. He succeeded
Sophia Akuffo Sophia Abena Boafoa Akuffo (born 20 December 1949) was the Chief Justice of Ghana from 2017 until 20 December 2019. Prior to that, she had already been a Judge in the Supreme Court of Ghana since 1995. Education The daughter of a Presbyteria ...
as the first male chief justice of Ghana in twelve years. Anin-Yeboah was sworn in as Chief Justice by President Akufo-Addo on 7 January 2020.


Early Chief Justices (and Judicial Assessors)

*1853–?1854 James Coleman Fitzpatrick *1854–1857 Henry Connor *1861–1866 William Hackett (''acting 1861–1863'') *1868 William Alexander Parker


Chief Justices of the Supreme Court

Since its inception in 1876, the Supreme Court has had 27 chief justices, including 13 in the Gold Coast era. Justice Francis Yaonasu Kpegah, the most senior of the Supreme Court judges acted as Chief Justice between March 2007 and June 2007.


Demographics


See also

*
Judiciary of Ghana The Judiciary of Ghana comprises the Superior Courts of Judicature, established under the 1992 Constitution, and the Inferior Courts, established by Parliament. The hierarchy of courts derives largely from British juridical forms. The courts hav ...
*
Supreme Court of Ghana The Supreme Court of Ghana is the highest judicial body in Ghana. Ghana's 1992 constitution guarantees the independence and separation of the Judiciary from the Legislative and the Executive arms of government.1992 Constitution Article 125( ...
*
List of judges of the Supreme Court of Ghana This is a list of the judges of the Supreme Court of Ghana. The Constitution of Ghana provides for the court to be made up of the Chief Justice of Ghana and not less than nine other Justices of the Supreme Court. It shall be duly constituted by at ...


Notes

# The Supreme Court was left intact under this military regime. See.


References


External links


List of Judges of the Superior Court of Judicature
{{British dependencies chief justices, state=collapsed Judiciary of Ghana