Judges Explain Fast Track Court Ruling

The nine Justices of the Supreme Court have given reasons for their ruling on the Fast Track Court. The judges ruled 5-4 on the 28th of last month that Fast Track Courts are unconstitutional. The ruling was a shock to many Ghanaians and was seen as a major setback for government, which saw the establishment of Fast Track Courts as a means of improving the administration of justice in the country. It took the judges about five hours to give reasons for that controversial ruling.

It was the majority led by Justice Joyce Bamford Addo that gave its reasons first. The central theme that runs through their reasons for declaring the Fast Track Court unconstitutional was the fact that it was operating on different rules other than the ones that operate at the normal high courts. The judges also contend that the guidelines setting up the Fast Track Court were only for civil and not criminal cases.

According to Justice Adjoe, on the majority side, the Fast Track Court had to be backed by an enactment and so long as it was not he saw it as unconstitutional. To him, the Chief Justice cannot create a Fast Track Court by administrative directive and that Parliament would have to regularise what the Chief Justice has sought to create.

The majority also had a bone to pick with the procedure at the Fast Track Court. According to them while the normal high court has 6 weeks within which to give it’s ruling the Fast Track court has seven days. This, the majority suggests, is indicative of a set of new rules for a new court which therefore must have parliamentary approval.

On the minority side, Justice Sophia Akuffo noted that it is absurd to say that because the Fast Track Court is not expressly stated in the constitution it is therefore unconstitutional. The Chief Justice did not state his views. He aligned himself with views expressed by the minority.