Why Selective Justice in Ghana Might Actually Be Smart Justice
Ghana's legal system is facing a big question: can courts hear some cases during the legal vacation without being accused of discrimination? The answer matters for every citizen waiting on a judgment, and for the business community that needs legal certainty to invest.
Hon. Kojo Oppong Nkrumah has taken the Chief Justice to the Supreme Court over a decision to let selected criminal cases proceed during the legal break. He calls it selective justice. But a closer look at the facts suggests this might be a case of smart prioritization, not discrimination.
What is the legal vacation really for?
The legal vacation is a period when courts reduce their activities. It was designed to give lawyers and judges a break. But does that mean justice itself must take a holiday?
Justice Enyonam Adinyira raised this exact point in July 2024. She called for scrapping the legal vacation altogether, citing the massive backlog of cases before the Superior Courts. Her argument was simple: the system cannot afford to stop when cases are piling up.
Why treating cases differently is not discrimination
Critics of the Chief Justice's decision argue that hearing some cases while others wait is unfair. But this logic falls apart under scrutiny.
A hospital does not discriminate when it treats a heart attack patient before someone with a headache. It prioritizes based on urgency. Courts must do the same.
Some cases involve accused persons in custody. Others are old and ready for trial. Some require immediate attention. Others can wait. Differentiation based on these factors is not discrimination. It is good management.
The constitutional question behind the lawsuit
Prof. Kwaku Asare has raised important questions about whether treating cases differently can automatically amount to discrimination under the Constitution. His analysis deserves serious attention.
The key issue is whether the Chief Justice exercised discretion lawfully. Article 296 requires that discretionary power be exercised fairly and without arbitrariness, caprice or bias. If cases were selected because of political affiliation or personal favour, that would be a serious problem.
But there is a big difference between saying discretion must be lawful and saying discretion cannot exist.
What about the accused person waiting for trial?
Behind every delayed case is a human being. The Constitution guarantees an accused person a fair hearing within a reasonable time.
Imagine telling someone who has waited years for trial: Your case must wait. The lawyers are on vacation.
What happens to his liberty while his lawyer takes a holiday? This is not a theoretical question. It is a matter of real life for thousands of Ghanaians.
Ghana cannot afford to slow down justice
For years, Ghanaians have complained about judicial delay. Cases linger. Witnesses disappear. Memories fade. Litigants grow old waiting for judgments.
Now the Judiciary attempts to use available time to move some cases forward, and suddenly we ask whether justice has moved too quickly. There is an irony here. We complain that justice is slow. Then we complain when it moves.
We cannot sensibly demand both.
Accountability still matters
The Chief Justice must remain accountable. Judicial administration is not beyond scrutiny. But scrutiny requires evidence.
If the selection of cases was arbitrary or biased, let the evidence establish it. If it was based on legitimate considerations like urgency, readiness, age of cases, or accused persons in custody, then differentiation alone cannot magically become discrimination.
The real question we should be asking
Perhaps we are asking the wrong question. Instead of asking why are these cases being heard during vacation, we should ask was there a lawful and impartial reason for hearing them.
That is the constitutional question.
And there is a larger lesson for Ghana's future. A legal system must never become so fascinated with its procedures that it forgets the people for whom those procedures exist. The courtroom is not a monument to the calendar. It is where citizens come for justice.
A vacation may belong to the calendar. Justice belongs to the citizen. And when justice is waiting, perhaps the calendar should be the thing that waits.
What this means for business and investment in Ghana
For the business community and the diaspora looking to invest, judicial efficiency is not a luxury. It is a necessity. Investors need to know that contracts will be enforced and disputes resolved in a timely manner.
Ghana's growing reputation as a hub for business and innovation depends on a legal system that works. The move to hear urgent cases during vacation is a step in the right direction. It signals that Ghana is serious about reducing delays and delivering justice.
Frequently asked questions about selective justice in Ghana
Is selective justice legal in Ghana?
Yes, as long as the selection is based on lawful and impartial criteria such as urgency, readiness of the case, or the age of the case. The Constitution requires discretion to be exercised fairly and without arbitrariness.
What is the legal vacation in Ghana?
The legal vacation is a period when courts reduce their activities, traditionally to give judges and lawyers a break. It does not mean the courts are completely shut down.
Can the Chief Justice decide which cases to hear during vacation?
The Chief Justice has discretion to manage judicial administration, including deciding which cases require urgent attention. This discretion must be exercised lawfully and without bias.
Why is judicial efficiency important for Ghana's economy?
Efficient courts reduce uncertainty for businesses and investors. They ensure contracts are enforced, disputes are resolved quickly, and the rule of law is upheld, which attracts investment and supports economic growth.