By Samuel Adjetey OSEKRE
Introduction
Ghana is witnessing a transformative shift in its socio-political landscape. Citizens are increasingly turning to the courts as the ultimate arbiter of justice, embracing the principle that courts are mightier than swords and guns.
This growing faith in the judiciary signifies a profound belief in the rule of law, but it also presents challenges for Ghana’s legal system as it grapples with a surge in cases.
The Growing Rush to the Courts
Ghana’s judiciary is experiencing an unprecedented rise in caseloads. By the end of 2022, over 120,000 unresolved cases were pending, according to the Judicial Service of Ghana. With a judge-to-population ratio of 1:80,000, far below the UN-recommended 1:20,000, the pressure on the system is immense.
Recent high-profile cases, including the 2021 verdict on the contested 2020 presidential election, have further solidified public trust in the judiciary. Citizens now view the courts as a peaceful, impartial alternative to resolving disputes, a significant departure from the turbulent political eras of the past.
Challenges Facing the Judiciary
The growing reliance on the legal system exposes deep-seated challenges, including:
- Inadequate Infrastructure:
Over 40% of district courts lack basic facilities such as IT systems, limiting efficiency.
- Limited Personnel:
With only 435 judges nationwide, delays are inevitable. Civil cases often take 3-5 years to resolve, with some dragging on for over a decade.
- Financial Constraints:
The judiciary receives less than 1% of the national budget, approximately GH₵350 million in 2023, which is insufficient for operational and developmental needs.
- Access to Legal Aid:
With over 6.4 million Ghanaians living below the poverty line, the Legal Aid Scheme struggles to meet demand, operating with fewer than 50 lawyers nationwide.
Judicial Reforms on the Horizon
The new political regime recognizes these challenges and is taking steps to strengthen the judiciary. Key reforms include:
- Infrastructure Investment:
The 2024 budget earmarked GH₵1.2 billion for building 30 new district courts and renovating 15 circuit courts.
- Digital Transformation:
The ongoing e-justice project aims to digitize court processes, enable electronic filing, and facilitate virtual hearings, with 50% of courts expected to adopt these technologies by 2024.
- Increased Personnel:
Plans are underway to recruit 200 additional judges and magistrates by 2025.
- Expanded Legal Aid:
A GH₵100 million commitment will expand the Legal Aid Scheme, increasing regional coverage and the number of lawyers available.
Collaborative Efforts
Support from private entities and international partners is complementing these reforms. The United Nations Development Programme (UNDP) contributed $5 million to Ghana’s legal sector in 2023, funding training and infrastructure improvements. NGOs like the Ghana Integrity Initiative are also working to enhance access to justice.
Economic Benefits
An efficient judiciary is critical for economic growth. Delays in resolving commercial disputes cost Ghana approximately $1 billion annually, according to the World Bank. Judicial reforms could reduce these losses, attract foreign investment, and improve Ghana’s ranking on the World Bank’s Ease of Doing Business index, currently at 118th globally.
Conclusion
Ghana’s embrace of the courts over the sword marks a pivotal moment in its history. While the rush to the courts presents challenges, it also offers an opportunity to build a stronger, more resilient legal system. By addressing infrastructure gaps, increasing personnel, and expanding access to justice, Ghana’s judiciary can rise to the occasion.
As the nation continues to place its faith in the rule of law, the courts are poised to solidify their role as a cornerstone of democracy, justice, and peace, ensuring that Ghana thrives in this new political era.
The writer is PhD Candidate, Regent University College of Science and Technology
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