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Chief Justice of Ghana

From Wikipedia, the free encyclopedia
Highest-ranking judge of the Supreme Court of Ghana
Constitution
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Thechief justice of Ghana is the highest-ranking judge of theSupreme Court of Ghana. The chief justice is also the head of theJudiciary of Ghana and is responsible for its administration and supervision.[1] In order of state precedence, the chief justice is the fourth highest official inGhana.[2]

Historical background

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The Supreme Court Ordinance of 1876 ended the 10-year absence of aSupreme Court, establishing a Supreme Court of Judicature for theGold Coast Colony. The court consisted of the chief justice and not more than fourpuisnejudges.[3] This led to the appointment of the first chief justice, SirDavid Patrick Chalmers by theBritish 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.[4] 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.[5] SirKobina Arku Korsah became the first Ghanaian chief justice.[6] Under the 1969 constitution, the chief justice was appointed by the president acting in consultation with the Council of State.[7] 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.[8]

Appointment and office tenure

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The chief justice is appointed by thepresident of Ghana in consultation with theCouncil of State of Ghana and with the approval of theParliament of Ghana.[9] 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.[10] 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.[11] The chief justice and any other justice of the superior courts may voluntarily retire on reaching the age of 60 years[12] or stay on till the compulsory retiring age of 70 years.[13]

Supreme Court and other superior courts

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Main article:Supreme Court of Ghana

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.[14] The chief justice is the most senior member and oversees the administration of theCourt of Appeal.[15] The chief justice is also a member and administrator of theHigh Court[16] and the Regional Tribunals.[17]

Judicial Council

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The chief justice is the chairman of theJudicial 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.[18]

Other duties

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  • Administer the presidential oath and the vice presidential oaths before parliament prior to both assuming their offices.[19]
  • Administer the oath of allegiance and the judicial oath to all justices of the superior courts or designate someone to act in his stead.[20]
  • Chairman of the Rules of Court Committee which makes rules regulating the practice and procedure of all courts in Ghana.[21]
  • To set up a tribunal to resolve grievances against the Electoral Commission of Ghana.[22]
  • Convene and chair a tribunal to oversee proceedings relating to the removal of thepresident of Ghana from office.[23]
  • Appoint judicial officers on the advice of the Judicial Council and subject to the approval of the president.[24]

Current Chief Justice

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Main article:Gertrude Torkornoo

The current chief justice isGertrude Torkornoo. She succeededKwasi Anin-Yeboah as the 15th Chief Justice of Ghana and the third female to hold this position in the history of Ghana. Torkornoo was sworn in as Chief Justice by PresidentAkufo-Addo on 12 June 2023.[25][26]

Suspension of Chief Justice Torkenoo

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On 22 April 2025, following the receipt of three petitions for the removal of the Chief Justice, Gertrude Torkenoo, PresidentJohn Mahama, in consultation with the Council of State suspended her from office as provided for by Article 146 of the 1992 constitution.[27] A five member committee was set up to review the petition in line with constitutional provisions.[28] In view of this, the most senior judge on the Supreme Court,Paul Baffoe-Bonnie will act as Chief Justice until resolution of the issue.[29] The reviewing committee includes two Supreme Court Justices,Gabriel Pwamang, the next most senior judge after Baffoe-Bonnie andSamuel Adibu Asiedu.[28] This generated controversy as the opposition cried foul-play while a government official reminded everyone that nothing had been proven against Torkenoo and that the constiutional provisions were being adhered to.[30]

Early Chief Justices (and Judicial Assessors)

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  • 1853–?1854 James Coleman Fitzpatrick[31]
  • 1854–1857 Henry Connor[32]
  • 1861–1866William Hackett (acting 1861–1863)[33]
  • 1868 William Alexander Parker

Chief Justices of the Supreme Court

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Since its inception in 1876, the Supreme Court has had 27 chief justices, including 13 in the Gold Coast era.[34][35]

Chief Justices of the Supreme Court of the Gold Coast

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Chief JusticeTime framePeriod
SirDavid Patrick Chalmers1876 - 1878Gold Coast
P. A. Smith1878 - 1879Gold Coast
Sir James Marshall1880 - 1882Gold Coast
N. Lessingham Bailey1882 - 1886Gold Coast
H. W Macleod[36]1886 - 1889Gold Coast
SirJoseph Turner Hutchinson[37][38]1889 - 1895Gold Coast
Francis Smith (acting)[39][40]1895Gold Coast
SirWilliam Brandford Griffith1895 - 1911Gold Coast
SirPhilip Crampton Smyly1911 - 1928Gold Coast
SirGeorge Campbell Deane1929 - 1935Gold Coast
SirPhilip Bertie Petrides1936 - 1943Gold Coast
SirWalter Harragin1943 - 1947Gold Coast
SirMark Wilson1948 - 1956Gold Coast
SirKobina Arku Korsah1956 - 5 March 1957Gold Coast

Chief Justices of Ghana

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Chief JusticeTime framePeriod
SirKobina Arku Korsah6 March 1957 - 1963[41]Ghana - 1st Republic
J. Sarkodee-Addo[42]1964 - 1966
Edward Akufo-Addo1966 - 1969military rule[5] (1966–1969)
1969 - 19702nd Republic
Edmund Alexander Lanquaye Bannerman[7]1970 -1972
Samuel Azu Crabbe1973 - 1977military rule[43]
Fred Kwasi Apaloo1977 - 1986military rule (1977–1979)
3rd Republic[8] (24 September 1979 - 31 December 1981)
[a]military rule[8] (31 December 1981 – 1986)
E. N. P. Sowah1986 - 1990military rule
N. Y. B. Adade (acting)[44][45][46][47][48]1990 - 1991
Philip Edward Archer1991 - 1993military rule (1991–1993)
1993 - 19954th Republic
Isaac Kobina Abban1995 - 21 April 2001
Edward Kwame Wiredu2001 - 2003
George Kingsley Acquah4 July 2003 - 25 March 2007
Georgina Theodora Wood[49] 15 June 2007 - 8 June 2017
Sophia Akuffo19 June 2017[50] – 20 December 2019
Kwasi Anin-Yeboah[51]7 January 2020 – 24 May 2023[52]
Gertrude Tokornoo[25][26]12 June 2023 –incumbent

JusticeFrancis Yaonasu Kpegah, who was at the time the most senior of the Supreme Court judges acted as Chief Justice between March 2007 and June 2007.[11]

Demographics

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Chief Justice of GhanaEthnicityReligious affiliation
Kobina Arku KorsahFante (Akan)Methodist
Julius Sarkodee-AddoAkanChristian
Edward Akufo-AddoAkuapem (Akan)Presbyterian
Edmund Alexander Lanquaye BannermanGaMethodist
Samuel Azu CrabbeGaAnglican
Fred Kwasi ApalooAnlo EweChristian
E. N. P. SowahGaChristian
Philip Edward ArcherFante (Akan)Anglican
Isaac Kobina AbbanFante (Akan)Methodist
Edward Kwame WireduAkanAnglican
George Kingsley AcquahFante (Akan)Anglican
Georgina Theodora WoodGaAssemblies of God[53](raised Methodist)
Sophia AkuffoAkuapem (Akan)Evangelical Charismatic[54](raised Presbyterian)
Kwasi Anin-YeboahAkanChristian
Gertrude TorkornooEffutu(Guan)Christian

See also

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Notes

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  1. ^ The Supreme Court was left intact under this military regime. See.[7]

References

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  1. ^1992 Constitution of Ghana Article 125(4).
  2. ^1992 Constitution of Ghana Article 57 (2).
  3. ^"Historical Development of the Courts before Independence". Judicial Service of Ghana. p. 2. Archived fromthe original on 2007-10-06. Retrieved2007-06-01.
  4. ^"Historical Development of the Courts before Independence". Judicial Service of Ghana. p. 3. Archived fromthe original on 2007-10-06. Retrieved2007-06-01.
  5. ^ab"Historical Development of the Courts after Independence". Judicial Service of Ghana. p. 1. Archived fromthe original on 2007-10-06. Retrieved2007-06-01.
  6. ^"Colonial Rule in Ghana". Ghana.co.uk. Archived fromthe original on 2007-05-29. Retrieved2007-06-01.
  7. ^abc"Historical Development of the Courts after Independence". Judicial Service of Ghana. p. 2. Archived fromthe original on 2007-10-06. Retrieved2007-06-01.
  8. ^abc"Historical Development of the Courts After Independence". Judicial Service of Ghana. p. 3. Archived fromthe original on 2007-10-06. Retrieved2007-06-01.
  9. ^1992 Constitution of Ghana Article 144 (1).
  10. ^1992 Constitution of Ghana Article 128 (4).
  11. ^ab1992 Constitution of Ghana Article 144 (6).
  12. ^1992 Constitution of Ghana Article 145 (1).
  13. ^1992 Constitution of Ghana Article 145 (2)(a).
  14. ^1992 Constitution of Ghana Article 128 (1) and (3).
  15. ^1992 Constitution of Ghana Article 136.
  16. ^1994 Constitution of Ghana Article 139.
  17. ^1992 Constitution of Ghana Article 142.
  18. ^1992 Constitution of Ghana Article 153.
  19. ^"Second Schedule".1992 Constitution of Ghana. Ghana Review International. Retrieved2007-06-01.
  20. ^1992 Constitution of Ghana Article 156.
  21. ^1992 Constitution of Ghana Article 157.
  22. ^1992 Constitution of Ghana Article 48 (1)
  23. ^1992 Constitution of Ghana Article 69.
  24. ^1992 Constitution of Ghana Article 148.
  25. ^abGetrude Ankah Nyavi (12 June 2023)."Justice Gertrude Torkornoo sworn-in as new Chief Justice of Ghana".Graphic Online. Retrieved24 September 2023.
  26. ^abCudjoe, Emmanuel."Justice Gertrude Torkornoo takes Office as New Chief Justice of Ghana". Judicial Service of Ghana. Retrieved24 September 2023.
  27. ^Enoch Darfah Frimpong (22 April 2025)."President Mahama suspends Chief Justice Gertrude Torkornoo".Graphic Online. Graphic Communications Group Ltd. Retrieved23 April 2025.
  28. ^abEnoch Darfah Frimpong (22 April 2025)."Gabriel Pwamang, Domelevo, Dzisah and 2 others in 5-member committee of inquiry probing petition for removal of Chief Justice Torkornoo".Graphic Online. Graphic Communications Group Ltd. Retrieved23 April 2025.
  29. ^Emmanuel Ebo Hawkson (22 April 2025)."Justice Paul Baffoe -Bonnie is acting Chief Justice following Justice Torkornoo's suspension".Graphic Online. Graphic Communications Group Ltd. Retrieved23 April 2025.
  30. ^Mohammed Ali (22 April 2025)."At this stage, we are not even sure allegations against Chief Justice Torkornoo are proven, be measured in your comments - Deputy A-G".Graphic Online. Graphic Communications Group Ltd. Retrieved23 April 2025.
  31. ^sarbah, John.Fanti National Constitution. p. 163.
  32. ^Zimmermann, Reinhard.Southern Cross: Civil Law and Common Law in South Africa. p. 110.
  33. ^"General News, 1877". thetablet. Archived fromthe original on 22 September 2015. Retrieved11 August 2016.
  34. ^"List of Chief Justices". Judicial Service of Ghana. Archived fromthe original on 2007-02-13. Retrieved2007-03-26.
  35. ^"New Chief Justice for the Republic of Ghana". Judicial Service of Ghana. Archived fromthe original on 2007-04-03. Retrieved2007-06-06.
  36. ^The Law Journal. The Law Journal. Vol. 22–1887. London: F.E. Streeten. 1888-01-28. p. 248.Mr. Francis Smith, barrister, has been appointed a Puisne Judge of the Supreme Court of the Gold Coast Colony, in succession to Mr. Justice Macleod, who has been appointed Chief Justice of the Colony.
  37. ^Peile, John (2014).Biographical Register of Christ's College, 1505–1905. Vol. 2. 1666–1905. Cambridge University Press. p. 611.ISBN 978-1-107-42606-1.
  38. ^"Colonial Service Gossip".The Colonies and India. London, England. 1895-03-30. p. 11. Retrieved2016-09-23.Sir Joseph T. Hutchinson, late Chief Justice of the Gold Coast, has, after a brief holiday, left England to assume the duties of his new office as Chief Justice of Grenada. He is a stranger to the West Indies, but, if previous success counts for anything at all, he is sure of a brilliant career in the service. At present Sir Joseph Hutchinson is proceeding to Grenada on a less salary than that which he received on the Gold Coast, but the advantage of climate no doubt fully compensates him for the small loss of salary.
  39. ^"Colonial Service Gossip".The Colonies and India. London. 1895-04-27. p. 12. Retrieved2016-08-30.The appointment of Chief Justice of the Gold Coast Colony continues to occupy the attention of many officials in search of promotion. It was at one time thought that probably the important office would be given to Mr. Justice Francis Smith, the Senior Puisne Judge of the Gold Coast, who for the past eight years has held that office, previous to which he was Chief Magistrate of the Gambia for eight years. Other names have been mentioned as probable candidates, but it is very unlikely that Sir Joseph Hutchinson's successor will be selected from the present West Coast legal officials.
  40. ^"Colonial Service Gossip".The Colonies and India. London. 1895-07-06. p. 10. Retrieved2016-08-31.Mr. Francis Smith, who is at present acting as Chief Justice of the Gold Coast, pending the arrival of Mr. W. Brandford Griffith, is a native of West Africa, and has held the appointment of a Puisne Judge of the Colony for the past eight years.
  41. ^"President Nkrumah Explains Government Action in Recent Treason Trial".Ghana News.2 (1): 2. 6 January 1964. Retrieved10 February 2020.
  42. ^"Ghana Gets A New Chief Justice".Ghana News.2 (4). Washington DC: Embassy of Ghana: 11. April 1964. Retrieved10 February 2020.
  43. ^"History - Summary". Judicial Service of Ghana. Archived fromthe original on 2007-04-03. Retrieved2007-06-01.
  44. ^Provencal, E. N. O. (1991-03-02).The Mirror: Issue 1894 March 2 1991. Graphic Communications Group.
  45. ^Interights Bulletin. International Centre for the Legal Protection of Human Rights. 1985.
  46. ^Developing Human Rights Jurisprudence. Human Rights Unit, Commonwealth Secretariat. 1998.ISBN 978-0-85092-562-3.
  47. ^secretariat, Commonwealth (1991).Developing Human Rights Jurisprudence: A Third Judicial Colloquium on the Domestic Application of International Human Rights Norms. Commonwealth Secretariat.ISBN 978-0-85092-368-1.
  48. ^Legal Forum. Legal Resources Foundation. 1988.
  49. ^"Kpegah urges new Chief Justice to unite judges".General News of Friday, 15 June 2007. Ghana Home Page. Retrieved2007-06-16.
  50. ^"Full list of Chief Justices in Ghana since 1957". Ghanaweb. 19 June 2017. Retrieved21 June 2017.
  51. ^"Akufo Addo swears in Anin Yeboah as new CJ today". Ghanaweb. 8 January 2020. Retrieved7 January 2020.
  52. ^Emmanuel Ebo Hawkson (25 May 2023)."Chief Justice Anin Yeboah retires "Justice Dotse acts"".Graphic Online. Accra: Graphic Communications Group Limited. Retrieved30 May 2023.
  53. ^"Retired Georgina Wood appointed to Council of State".Citi 97.3 FM - Relevant Radio. Always. 2017-06-08. Retrieved2021-02-08.
  54. ^"Dr. Mensa Otabil blesses Justice Sophia Akuffo".GhanaWeb. 2017-06-25. Retrieved2021-02-08.

External links

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Order of precedence
Preceded by Chief Justice of Ghana
Nkrumah era
Military rule
Democratic era
served in both military and democratic eras
Chief justices of British dependencies
Overseas territories
Crown Dependencies
Former (Africa)
Former (Americas)
Former (Asia)
Former (Australasia)
Former (Europe)
Former (Oceania)
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