JUDICIARY

According to the constitution of Ghana, justice emanates from the people and shall be administered in the name of the Republic by the Judiciary, which shall be independent and subject only to this Constitution. Ghanaian courts have acted with increased autonomy under the 1992 constitution.

Citizens exercise popular participation in the administration of justice through the institutions of public and customary tribunals and the jury and assessor systems.
The judicial power of Ghana is vested in the Judiciary; accordingly, neither the President nor Parliament nor any organ or agency of the President or Parliament shall have or be given final judicial power.

The Chief Justice is the Head of the Judiciary and responsible for the administration and supervision of the Judiciary.

The Judiciary have jurisdiction in all matters civil and criminal, including matters relating to the Constitution, and such other jurisdiction as Parliament may, by law, confer on it.

The Judiciary consists of
The Superior Courts of Judicature comprising
(i) The Supreme Court;
(ii) The Court of Appeal; and
(iii) The High Court and Regional Tribunals.

According to the constitution, the Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court. At present, the Supreme Court of Ghana, which consists of the Chief Justice and ten other Justices, is the final court of appeal and has jurisdiction over matters relating to the enforcement or the interpretation of constitutional law.

The Chief Justice is Mr Justice George Kingsley Acquah

The Court of Appeal, which includes the chief justice and not fewer than ten other judges, has jurisdiction to hear and to determine appeals from any judgment, decree, or High Court of Justice order.

The High Court of Justice, which consists of the chief justice and not fewer than twenty other justices, and such other Justice of the Superior Court of Judicature as the Chief Justice may, by writing signed by him, request to sit as High Court Justice for any period. The high court has jurisdiction in all matters, civil and criminal, other than those involving treason.

Lower Courts: Such lower courts or tribunals as Parliament may by law establish.

THE ATTORNEY - GENERAL

Under the Constitution of Ghana, there is :

• an Attorney-General of Ghana who is a Minister of State and the principal legal adviser to the Government.
• Under the Constitution of Ghana, there is The Attorney-General discharges such other duties of a legal nature as may be referred or assigned to him by the President, or imposed on him by the Constitution or any other law.
• The Attorney-General is responsible for the initiation and conduct of all prosecutions of criminal offences.
• All offences prosecuted in the name of the Republic of Ghana is at the suit of the Attorney-General or any other person authorised by him in accordance with any law.
• All offences prosecuted in the name of the Republic of Ghana is at the suit of the Attorney-General or any other person authorised by him in accordance with any law.
• The Attorney-General has audience in all courts in Ghana.

COUNCIL OF STATE

The Council of State was initiated with the coming into being of the 1969 Constitution. Consequent Constitutions, 1979, 1992, also inculcated the Council of State.

The Council of State has 25 sitting members. Of this eleven (11) are nominated by the President of the Republic of Ghana, ten (10) are nominated from the regions and four (4) represent institutions. These four members are ex-officio members, a former Chief Justice, a former Chief of Defence Staff, a former Inspector of Police and a former president of the National Council of Chiefs.

Presently, 24 members have taken the oath as members of the Council of State.

The main work of the Council is to advice the president in the performance of his functions, advice ministers, parliament and other institutions, both public and private in the performance of their duties. However, the institutions are not bound in any way to comply with the advice.

Also, when the President wants to appoint high-ranking public servants as in the commissioner for Internal Revenue Service and the Inspector General of Police, he does it in consultation with the Council.

The Council is divided into four committees to enable it to work efficiently and effectively. These are the Appointments and Petitions committee, the Finance and Welfare committee, the Development, Science and Technology committee and the Legal and Public Affairs committee. They meet five (5) times in a month, three (3) for plenary and (2) two for committee meetings. They however meet more times in a month depending on the situation at hand and how serious it is. The Council of State is not a common fixture on the political environment of many nations. Few countries like France, Sierra Leone and Saudi Arabia have a similar structure.

MEMBERS OF COUNCIL OF STATE

The fourth Council of State of the Fourth Republic of Ghana was sworn into office by the President, His Excellency, Mr John Agyekum Kufuor at the Castle Osu on Thursday, March 24, 2005.

PRESIDENT'S APPOINTEES

ELECTED REGIONAL REPRESENTATIVES

CHAIRMAN

At the first meeting of the Council held immediately after the swearing in ceremony, members unanimously elected Hon. Professor Danie l Adzei Bekoe as the Chairman of the Fourth Council. 24 of the 25-member Council is now in place.