Everyone greets the Chief Justice

Chief Justice Gertrude Torkornoo

There is a popular Akan expression that can be loosely translated as ‘good works or deeds deserve praise’.

The phrase really resonated with yours when I received news of a slew of practice guidelines issued by the Chief Justice to courts, judges and legal practitioners to assist in the smooth, orderly and expeditious adjudication of cases.

Normally, court proceedings are governed by the Rules of Court. Practice guidelines are additional protocols to the procedural rules of the Court (both civil and criminal) and, like the substantive rules, are aimed at a smooth arrangement of the judicial procedure.

In a document entitled Compendium of Practice Directions and Administrative Guidelines in Ghana 2024, the Office of the Chief Justice has prepared an excellent and comprehensive guide and instructions to facilitate the smooth and undoubtedly orderly and expeditious adjudication of cases. These will expand the Rules of Court and improve the efficiency of the legal system.

Although practice guidelines are regular and ‘de rigeur’ in other jurisdictions, I was somewhat surprised when I moved to Ghana and discovered that these valuable guidelines were a bit on the low side in terms of regularity. Enter the arena, her Ladyship Gertrude Araba Torkornoo and, hey presto, it’s raining cats and dogs with exercise directions. I have no doubt that they will have a monumental impact on our justice system and it is only right that everyone should salute her for her determination to make an impact. Kudos again.

The Compendium covers a wide range of issues involving chiefs and chieftains, including orders to restrict the burial of a deceased person, speedy resolution of jury trials, the use of the Supreme Court registry, adjournments and approval of proceedings in partial hearings trials, pre-trial commercial hearings, online publication of judgments and judgments, guidelines for court proceedings and last but not least, guidelines for generating trial numbers.

Detailed directions:

What is impressive is not only the sheer comprehensiveness of the practice guidelines, but also that most of them are a response to some of the persistent and controversial areas that have caused our courts anxious moments in the recent past. For example, jury trials have come under criticism recently and I have been at the forefront of advocacy for their reform. It is very gratifying to see the Chief Justice’s response.

Another area that has caused controversy in the past is cases involving hearings where some family members file requests to stop the burial of deceased persons. So it’s great to get clear guidance on how to handle such cases.

We also all witnessed the upheaval caused by the ongoing trial in the Lithovit fertilizer case (the Opuni trial) when the chairman retired and a new judge was appointed to continue the case, and the issue of the approval of the procedure came up. The release of a practical guideline on the adoption of procedures in partially heard processes is therefore very welcome. Overall, these practice guidelines have responded positively to some areas of procedural practice where matters have not been very clear and distinct.

The Compendium of Practice Directions contains one on plea bargaining, and given its importance to the administration of justice it is worth spilling some ink on its meaning and potential consequences.

A plea deal is an arrangement between the prosecutor and a suspect in which the suspect pleads guilty to a lesser charge. Plea deals have enormous benefits for both the prosecution and defense. For the prosecutor’s office or the state, it saves money, time and resources that would otherwise have been spent on lengthy and, more importantly, costly prosecutions.

Also, in very difficult criminal cases, the prosecutor can drop charges against a suspect in exchange for using him as a prosecution witness if he can provide crucial evidence. It also helps decongest prisons, as the scheme allows some suspects to avoid prison. For the suspect, the reduction of a serious charge or its complete withdrawal has enormous benefits and appeal.

With the introduction of plea bargaining through the Criminal Offenses Amendment Act, a gradual but tangible change is quietly taking place to bring Ghana’s criminal justice system to a comparable international standard. It also strengthens the country’s democratic credentials.

In this regard, the movers and shakers of this pursuit of excellence are to be commended. So again, Ayekoo to her Ladyship, the Chief Justice.