For research and educational purposes as well as referencing

1. A PRESENTATION
ON THE
JUDICIARY AND
ITS EXECUTIVES

6. MEMBERS OF THE JUDICIARY
• Judiciary of the comprises Justices, judicial officers
such as court Registrars, clerks and all other staff of
the Judicial Service.
• The Judicial powers of the states is vested in the
Judiciary (article 125(3).
• Judicial personnel in this case are those who carry out
the constitutional mandate of exercising the Judicial
powers.
• These includes:

7. CONT
• The Judicial Council
• Justices or Judges
• Member of the Judicial service

8. JUDICIAL COUNCIL
• The Judicial Council (JC) is a constitutional body set
up under the 1992 constitutions. Article 153
• It has the mandate to perform the following functions;
art 154
 to propose for the consideration of government,
judicial reforms.
To be a forum for consideration and discussion of
matters relating to the discharge of the functions of the
Judiciary.

9. CONT
To perform any other functions conferred on it by or
under this Constitution.
• Composition of the JC;
18 members;
- The Chief Justice
- Attorney-General
- One justice each from the Supreme Court, Court of
Appeal and High Court

10. CONT
- Two representatives from GBA one of whom should
not be less than 12yrs standing at the bar
- Representative of the Chairmen of Regional tribunal
- A representative of the lower courts
- The Judge Advocate-General of the Ghana Armed
Forces
- Head of legal directorate of the police service
- Editor of the Ghana Law Reports

11. CONT
- Representative of Judicial Service Staff Association
- A chief nominated by the National House of Chiefs
- Four other persons appointed by the president who
are not lawyers.
- Two representatives of the Ghana Bar Association
- Four non-lawyers appointed by the President.

12. APPOINTMENT OF JUSTICES OF
THE SUPERIOR COURTS
• Appointment of the Chief Justice; article 144(1)
The Chief Justice is appointed by the President
Acting in consultation with the Council of State
And with the approval of parliament
• Appointment of Justices of the Supreme Court
They are appointed by the President

13. CONT
On the advice of the Judicial Council
In consultation with the Council of State and
With the approval of parliament
• Appointment of Justices of the Court of Appeal, High
Court and Chairmen of Regional Tribunals;
Appointed by the President
On the advice of the Judicial Council

14. CONT
• Appointments of presiding officers of lower courts
Appointed by the Chief Justice
Acting on the advice of the Judicial Council
Subject to the approval of the President

15. RETIREMENT OF SUPERIOR
COURT JUSTICES
• Voluntary retirement; the voluntary retirement age of
superior court justices is 60years
• Compulsory retirement;
In the case of the Supreme Court and Court of Appeal;
upon attaining 70 years
In the case of High Court and Chairman of Regional
Tribunal; upon attaining 65 years

16. RETIREMENT
• A judge who has attained the retirement age is given
6-month grace period to disposed of all pending
cases.

17. REMOVAL FROM OFFICE
• The procedure for the removal of Justice of the
Superior Court can be found in article 146
• A justice of the superior court can only be removed on
stated ground of misconduct or misbehaviour,
incompetence or on ground of inability to perform the
functions of his office arising from infirmity of body or
mind.

18. REMOVAL OF THE CHIEF
JUSTICE
 A petition for removal of the Chief Justice is brought to the
President
 The president establishes a prima facie case
 Then the president shall act in consultation with the Council of
State appoint a committee to investigate the petition
 The committee shall be made up of;
- Two Justices of the Supreme Court
- Three other persons who are not members of the Council of
State, nor members of parliament nor lawyers
- The committee investigate the complaints and send its
recommendation to the President.

19. CONT
• Removal of other Superior Court Justices
A petition is brought to the President
The petition is forwarded to the Chief Justice to
establish a prima facie case
A committee is set up is a prima facie case is
established
The committee shall comprise of;
- Three Justices of the Superior Courts

20. CONT
-appointed by the Judicial Council
-two other persons who are not members of the Council of
State, nor members of parliament, nor lawyers who shall be
appointed by the Chief Justice with the advice of the
Council of State.
 the committee investigate the complaints and make its
recommendation to the Chief Justice who shall forward
be same to the President.
 The president is required to act in accordance with the
recommendation. Art 146 (9)