Audio By Carbonatix
A Justice of the Court of Appeal, Her Ladyship Justice Afia Serwaa Asare-Botwe, has called for constitutional and legislative reforms to allow certain categories of cases to end at the Court of Appeal, arguing that the move would significantly reduce the growing workload of the Supreme Court.
Speaking on Nhyira FM's Kro Yi Mu Nsem on Thursday, 16 July, as part of activities marking the 150th anniversary of the Supreme Court, Justice Asare-Botwe said the country's apex court is overstretched by the sheer volume and diversity of cases it is constitutionally mandated to hear.
According to her, the Supreme Court currently exercises at least five major jurisdictions: original jurisdiction in constitutional and regional matters, appellate jurisdiction over cases from the National House of Chiefs, final appellate jurisdiction over decisions of the Court of Appeal, jurisdiction over presidential election petitions, and supervisory jurisdiction over the High Court and the Court of Appeal.
She described the arrangement as a "tough jurisdictional exercise" that places enormous pressure on the relatively small number of Supreme Court justices and available court sittings.
Justice Asare-Botwe argued that not every matter requires determination by the Supreme Court and suggested that only exceptional legal and constitutional issues should proceed beyond the Court of Appeal.
"We pray for the Supreme Court because its caseload is too heavy, unlike that of the Court of Appeal. So, to the best of my knowledge, most people share the same view that some of the cases should terminate at the Court of Appeal, except for very extraordinary matters."
Using parliamentary election petitions as an example, she noted that the law already envisages finality at the Court of Appeal in such cases.
"For example, petitions on parliamentary elections; according to the law, after the Court of Appeal ruling, the case has to end there."
Justice Asare-Botwe observed that in many advanced jurisdictions, Supreme Courts do not sit daily but instead hear only cases involving significant constitutional or legal questions.
She further cautioned that Supreme Court decisions carry binding authority and shape the country's legal system, making it essential to protect the court from an excessive workload.
"We should take note that every ruling that comes from the Supreme Court, whether it has been written in our Constitution or not, becomes law. So we must be careful not to burden the judges with heavy loads that may affect the quality of justice."
Reflecting on the Supreme Court's 150-year history, Justice Asare-Botwe described Ghana's apex court as one of the most active in terms of jurisdiction and case management.
She said the court has played a pivotal role in shaping Ghana's legal and democratic development since its establishment.
"Compared to other jurisdictions, the practice of the Supreme Court of Ghana remains very active. We have also seen a lot of improvement in how cases are managed today because of the deliberate adoption of technology."
She highlighted the introduction of electronic filing, digital records and virtual hearings as major reforms that have improved efficiency, reduced delays and enhanced access to justice.
Justice Asare-Botwe said the judiciary should continue to modernise its operations as it marks the milestone anniversary, stressing that sustained reforms would strengthen public confidence in Ghana's justice delivery system.
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