The Supreme Court of Ghana is grappling with a significant backlog of cases, leading Chief Justice Gertrude Sackey Torkornoo to request an increase in the number of justices from 15 to 20. This request aims to address the growing number of unresolved cases and improve the efficiency of justice delivery.
In the 2022/2023 legal year, the Supreme Court managed to conclude 344 out of 939 pending cases, leaving a backlog of 595 cases. This marks an increase from the 414 cases carried over from the 2021/2022 legal year. In light of these figures, the Chief Justice has proposed the appointment of five additional justices: Afia Serwah Asare-Botwe, Cyra Pamela Koranteng, Eric Kyei Baffour, Justice Edward Amoako Asante, and Angelina Mensah Homiah, all of whom currently serve on the Appeal Court.
A-G and GBA Support Request
The Chief Justice’s request follows discussions with President Nana Addo Dankwa Akufo-Addo and Speaker of Parliament Albert Sumana Kingsford Bagbin regarding the manpower challenges facing the Supreme Court. In response to the Chief Justice’s letter dated February 7, 2024, the President sought input from Attorney-General Godfred Yeboah Dame and the Ghana Bar Association (GBA).
Both the Attorney-General and the GBA agreed with the proposal to increase the number of justices. The Attorney-General emphasized the necessity of this expansion due to the rising backlog, which grew from 414 cases in the 2021/2022 legal year to 595 in the 2022/2023 legal year. He also advised the government to consider the financial implications of these appointments, including the salaries and emoluments of the new justices.
The GBA concurred with the Chief Justice’s proposal but stressed the importance of consulting other relevant bodies, such as the Parliament and the Council of State, before making any final decisions.
Data and Analysis Justify the Need for More Justices
The Chief Justice’s request is supported by detailed analysis and data from the past five legal years. The Supreme Court has seen an increasing number of cases each year, with 761, 869, 906, 799, and 939 cases filed in the 2018/2019, 2019/2020, 2020/2021, 2021/2022, and 2022/2023 legal years, respectively.
Despite varying numbers of justices each year, the court has struggled to keep up with the caseload. For instance, with 14 justices, the court concluded 559 cases in the 2018/2019 legal year. In subsequent years, the number of concluded cases fluctuated with changes in the number of justices. The backlog has steadily increased, underscoring the need for more justices to manage the workload effectively.
The Chief Justice highlighted that the Supreme Court currently sits three days a week, handling an average of 15 cases daily, or approximately 180 cases monthly. This schedule makes it challenging to create stand-alone panels to manage the high volume of cases. With recusals and other factors limiting the availability of justices, the court finds it difficult to operate efficiently.
Justifications and Future Implications
Justice Torkornoo further explained that the high volume of cases requires justices to sit on multiple panels, which in turn hampers their ability to conduct thorough research. This has led to delays in delivering well-researched and quality decisions. The Chief Justice also noted that the construction of about 100 courts across the country since 2022 has added to the Supreme Court’s workload.
Article 128(1) of the 1992 Constitution allows for a minimum of nine justices on the Supreme Court, but it does not cap the maximum number. Some have called for capping the number of justices at nine, similar to the US Supreme Court. However, this idea has been rejected by several prominent figures, including former Chief Justices and a former Speaker of Parliament. They argue that the broad jurisdiction of Ghana’s Supreme Court necessitates a larger number of justices to ensure efficient justice delivery.
Source: Graphic Online
