Law & Leadership Colloquium with Pastor Tommy: Our 150 years Juridical Heritage, implications

The important transgenerational role of the Law, in every aspect of our national developmental agenda and progress as a people, cannot be ever underestimated, especially when it permeates every fiber of our society. This foundational truth, reiterates the import of the sesquicentennial national celebration, as announced by His Lordship Richard Adjei-Frimpong, a Justice of the Supreme Court and chairperson of the anniversary planning committee, to commemorate the 150th anniversary of the country’s apex court, the Supreme Court, marking 150 years since its establishment in 1876.

The anniversary themed: “The Supreme Court of Ghana @150: Honouring the Past, Celebrating the Present and Defining the Future,” is so vital and whereas a proper and deeper appreciation of where we have come from, may properly lie in a semester long, introductory to Ghana Legal Systems class at the Law Faculty, Poku Adusei, may be very helpful to us, in this write up briefly, as in his seminal article titled “Towards a Transsystemic study of the Ghana Legal System,” he had shared same, this historical background of our Superior Court, as following:

“The formal introduction of English law into Ghana (formerly the Gold Coast) occurred with the passage of the Supreme Court Ordinance (No. 4 of 1876). Prior to the passage of this Ordinance, the foundations for the introduction of British law into parts of the Gold Coast had occurred via the activities of British merchants and the conclusion of a treaty called the Bond of 1844. The British Settlements Act, 1843 and the Foreign Jurisdiction Act, 1843 established British authority over indigenous people in the coastal areas of the then Gold Coast.”

“On 6 March 1844, the famous Bond of 1844 was signed it did two specific things: firstly, it offered British protection to the Confederation of Fante States against aggression from the Ashanti’s. Secondly, it legalized the imposition of English legal system over those Fante signatory states. Following that, the British established the first Supreme Court under the Supreme Court Ordinance of 1853 with jurisdiction to operate in the forts areas and settlements of the Gold Coast.”

“Since the Supreme Court of 1853 had its jurisdiction confined to the coastal settlements, it was not a national judicial institution. However, in 1874, the British defeated the Ashanti’s and the Proclamation of 1874 was passed to extend the Crown’s control to include the newly conquered Ashanti domains. To consolidate Britain’s control over the whole of the colony, the Supreme Court Ordinance of 1876 was passed to administer the whole of the Gold Coast Colony.”

150 years on, what stands out for me personally as a Law enthusiast and student now, is the fact that, through this growing processes, and always perfecting journey of our Superior Court, it has played pivotal roles in our nations quest to ensure specifically, to advance rule of law, protect human rights and ensure access to justice generally.

The rule of law is both a very relevantly powerful and yet, fragile concept that underpins communities of justice, opportunity, peace, and development and as a principle of governance, as it strategically holds all persons, institutions, and entities, both public and private, accountable to our laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights norms and standards.

This means that, in commemorating the Supreme Courts special role in advancing the rule of law, directly implies that, it has essentially helped our growing nation, in maintaining a just and orderly society, whiles protecting citizens from arbitrary interference, and safeguarding their fundamental rights and freedoms of its own people. This has therefore, to a large extent, ensured that those in power are held accountable, preventing the excessive concentration of power and fostering a culture of lawfulness.

Thereby playing a checked role in our higher economic growth, greater peace, improved education, and better health outcomes and despite its fragile nature technically, the Supreme Court has been so positioned, to ensure that, it is becoming increasing better at the constant protection and preservation of same rule of law, through every one of its hearings, posturing and judgements.

The Supreme Court, tasked with interpreting and enforcing laws, as stated in Article 130, of our Constitution, 1992, has therefore played a critical role in safeguarding constitutionalism, protecting human rights, and fostering social justice. The judiciary’s evolution reflects Ghana’s broader socio-political transformation, where citizens increasingly rely on courts as the ultimate arbiter of justice, as aptly observed by stakeholders that, the “Courts are mightier than swords and guns,” underscoring the growing public faith in the rule of law.

There is a section of legal scholars, who on some occasions, have reiterated the fact that, some judgements reflect political opinions, more than legal precedent or the unflinching affinity to what the laws demand, but one cannot do away with the fact that, largely, our Supreme Court over the years, have increasing exhibited the fact that, it has resolved to ensure that, it represents an independent judiciary, which is a key aspect that endeavours to providing a system of checks and balances to ensure that the law is administered justly and fairly.

The very idea of judicial independence is based on the concept that, the judiciary, in this case, the Supreme Court as an institution should be free from influence or interference from the other branches of government, and equally from both private and partisan interests. This separation of powers is essential to our constitutional democracy, as it ensures that the judiciary can act as a check on the power of the executive and legislature, holding them accountable to the law.

Ghana’s Supreme Court history, has made needed progress over these 150years and what stands out for me, in advancing this judicial independence, has been its checked history of ever-improving integrity of its work and the conscious effort to build and maintain its reputation, as the nation’s adjudicator of justice.

This history, has implications for our now and the future and I am of the candid view that, the most recent developments with reference to the Legal Education reform Law, may well be the best gift, our nation, could give itself, as we celebrate this journey of 150years so far, as it directly impacts, how the bench of the future, will be formed and contribute its quota, to our national juridical journey and how it affects our people and institutions.

As I said, I am of the informed opinion that, the Legal Education Reform Bill, 2026, will effectively achieve one purpose, open wide, what was once and for decades, a single institution, standing as the gatekeeper to Ghana’s legal profession. Though primarily an activity of Parliament, I see it as a national reorientation ordered pathway, which saw both sides, coming to an agreement unofficially to, literally dismantling the long-standing monopoly of the Ghana School of Law and fundamentally reordering how the country produces its lawyers and why this signals the most sweeping transformation of Ghana’s legal education architecture since independence, for me, is in the fact that, it will procure an ever increasing access to justice.

After all, we all recognize that access to legal representation is an important element in ensuring justice for all and that is what, we will reap for this legal educational reform, enacted into law. When justice is inaccessible, the result is injustice and its expected antecedents will lead to bitterness, anger, revolt and ultimately political and social disintegration. In this regard, there is a real, compelling and immediate need to eliminate barriers to Access to Justice and the mere increasing legal professionals available with enhanced capacities and resources, can directly impact the citizens access to justice.

It is an uncontested fact that, the main formal Access to Justice mechanism in Ghana is the formal court system and the processes of formal litigation in courts in Ghana are modeled on the common law adversarial system by which the parties strive to establish their cases in a usually hostile fashion while the court plays, to a large extent, the non-interventionist role of an umpire.

Hence, the implications of this legal education reform legislation, ripples well beyond university campuses, as practicing Lawyers, judges, civil society groups, and corporate clients all stand to be affected some immediately, others over the arc of a generation, but most importantly, it gives the next 150years of our Supreme Court, such a prophetic outlook that, the future is bright and inspiring and access to justice, can be assured and expected.

This is because, this new legislation I reference, actually introduces stricter requirements for both legal training institutions and students, making the path to becoming a lawyer more demanding than under the previous system, as the processes prospective lawyers must now go through are more rigorous, ensuring that only qualified and capable individuals are called to the Bar, the starting point of the never ending chain, that impacts, who even gets to the bench.

In conclusion, I assert that, as Ghana celebrates 150year of the ever challenging journey of the Supreme Court, in our nation’s progress and developmental agenda, through its hearings, posturing and even judgements, the future must be brighter and afford an ever increasing access to justice, promote the rule of law and cements as role, in advancing human rights, and this is certain, as Ghana commits to its legal educational machinery, that produces the very legal professionals, who eventually make it to the bench or through their roles, make the entirety of our justice system, one that is dependable and continuously relevant.

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