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 level in order to reduce the growing workload of the Supreme Court.
Speaking on Nhyira FM’s “Kro Yi Mu Nsem” on Thursday, July 15, during activities marking the Supreme Court’s 150th anniversary, Justice Asare-Botwe said the apex court is currently under significant pressure due to the volume and nature of cases it is required to handle.
She explained that the Supreme Court exercises several major jurisdictions, including original jurisdiction in constitutional and regional matters, appellate jurisdiction over cases from the House of Chiefs, final appellate jurisdiction from the Court of Appeal, jurisdiction over election petitions and supervisory jurisdiction over the Court of Appeal and High Court.
According to her, the combination of these responsibilities creates a difficult workload for the limited number of justices and available court sittings.
Justice Asare-Botwe argued that not every case should proceed to the Supreme Court, adding that only exceptional legal matters should require the attention of the apex court.
“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, and most people share the same view, that some of the cases should terminate at the Court of Appeal, except very extraordinary matters,” she said.
She cited parliamentary election petitions as an example, noting that the law already provides for such cases to end at the Court of Appeal after a ruling.
“According to the law, after the Court of Appeal ruling, the case has to end there,” she added.
The Court of Appeal Justice noted that in many advanced jurisdictions, Supreme Courts do not sit on every matter but focus on cases involving significant constitutional and legal questions.
She further cautioned that decisions of the Supreme Court have a binding effect and contribute to shaping Ghana’s legal system, making it necessary to manage the court’s workload carefully.
“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,” she said.
Reflecting on 150 years of Ghana’s Supreme Court, Justice Asare-Botwe described the court’s jurisdiction and practice as highly active compared to many other jurisdictions.
She said the apex court has played a key role in shaping Ghana’s legal and democratic development since its establishment.
She also highlighted improvements in judicial administration through technology, including e-filing, digital records and virtual hearings, which she said have enhanced efficiency, reduced delays and improved access to justice.
Justice Asare-Botwe stressed that as the judiciary marks the historic milestone, continuous efforts must be made to modernise operations and strengthen public confidence in Ghana’s justice delivery system.
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