The Chief Justice of the Republic, Justice Gertrude Araba Sackey Torkornoo has stated that she has no choice “but
to resort to the doctrine of necessity and commence legal actions to bring clarity and legality to the situation
confronting the Judicial Service.”
She was speaking in reference to the ongoing practice by the Lands Commission to take over or cut up landed
property belonging to the Judicial Service for sale to private developers. All these properties are occiupied by
judges, some in the Supreme Court and High Court.
She was speaking at a conference of the Association of Magistrates and Judges of Ghana (AMJG) held on Tuesday,
2 October 2024 at the Labadi Beach Hotel in Accra.
*Service Properties*
Justice Torkornoo indicated that she “can report that the Judicial Council has been actively engaged for the
resolution of these issues, and meetings have been had with the Minister of Justice, Minister of Lands, Minister of
Works and Housing, for concrete resolution of these extremely difficult situations.”
“It is my commitment that the security, safety, and welfare of Judges and the management and administration of the
Judicial Service will form the paramount consideration in any steps taken regarding assets that the nation has handed
over to the Service to enable effective justice delivery,” Chief Justice Gertrude Torkornoo remarked.
*I will protect assets of the Judiciary*
The Chief Justice assured magistrates and judges of Ghana that she will do all within her mandate to protect all the
assets of the state vested in the Judicial Service of Ghana.
The Chief Justice made this commitment in her address to magistrates and judges at their annual conference.
The stock of courthouses and bungalows given to the Judiciary as an arm of Government over almost a century
according to Chief Justice Torkornoo, “stands at approximately 800 buildings, made up of 420 courts and 390
bungalows and apartments.” From this ratio, Justice Torkornoo said “it should have been the case that every member
of the Judiciary should be accommodated to allow for their security and protection from threats occasioned by the
sensitive nature of the work [they] do.
“However, this is not so. While the Judiciary has been grappling with the conundrum of effectively maintaining the
buildings committed for justice delivery from stretched budgets, two difficult situations have developed. Despite the
existence of empty but dilapidated bungalows marked for occupation for judges in locations that make their access
to work easier, Judges have been forced to rent houses when posted to serve around the country.
“These rentals come with additional cost to the national budget because when a Judge rents a house, that payment
must be reimbursed from the budget allocated for justice delivery at an agreed rate. It also comes with the exposure
of the Judge’s living conditions to the general public, allowing for threats to their security, threats to the integrity of
the justice delivery process, and threats to the independence of the judiciary,” the Chief Justice said.
“In the midst of this unacceptable situation of serious costs and risks, it would seem that an unclear situation has
developed where the Lands Commission feels emboldened to purport to sell the bungalows and the lands on which
they stand to private developers under the rubric of urban redevelopment schemes. In the very first few weeks of
taking office, I was confronted with claims against houses occupied by Supreme Court Judges in Accra, High Court
Judges in Kumasi, and recently, Judges in Tamale.
“The records made available to me reflect that as far back as 2015, the Lands Commission purported to hive off part
of these houses that have been occupied by Supreme Court Judges since the last century, which houses were recently
redeveloped at a cost to the national purse for the continued occupation of Judges for sale to individuals,” Chief
Justice Gertrude Torkornoo further stated.
The Chief Justice pointed out that further enquiries by her “revealed that an attempt had been made during the tenure
of his Lordship Anin Yeboah (for Chief Justice) to possess these dedicated and actively occupied facilities in Accra,
and he had taken instant steps to halt the untoward claims, including attempts to enter bungalows given to the
judiciary in Kumasi for the functioning of this arm of Government.”
*Maintenance of facilities*
On the issue of maintenance of existing facilities of the Judicial Service, the CJ said she has reviewed the situation
and found that the state of the not-so-new court houses and bungalows is not simply a question of lack of resources
for their maintenance, but also one that requires careful planning to supervise the effective repair, renovation, and
maintenance of this big stock of buildings and facilities.
“A strong regime is needed for consistently undertaking these repairs and renovations. I hope that in the next few
years, we will have concluded a cycle that will address fully the issue of making all our courts and bungalows safe,
convenient, and fit for justice. It is a task that requires a focused plan, and a committee has been set up to help with
this.
“Active steps are being taken to start the renovation and remodelling of the built facilities so that they can be used to
serve the justice needs of the country. Indeed, the long-standing uncompleted Court Complex in Wa has been
handed over for resumption of construction work. The funding is coming from the budget allocated to the Judicial
Service,” the CJ said.
“Work has also started on a stand-alone building for the Court of Appeal and Supreme Court registries, in
preparation for the operation of a paperless registry that allows for virtual hearings by these highest courts. Again,
the funding is coming from the national budget allocated to the Judicial Service.
“We are also actively engaged with the District Assembly Common Fund for the construction of the Cape Coast
Complex and homes for Judges of the High Court. Designs are completed and barring any last-minute hitches, work
will start this year,” the Chief Justice added.
*Welfare and Security*
Justice Henry Kwofie (Justice of the Supreme Court), and President of the Association of Magistrates and Judges of
Ghana (AMJG) in his address pointed out that magistrates and judges of Ghana are not happy with the seeming
delay in the release of categories of allowance to them. Some of the allowances that have not been paid are fuel,
medical, and vehicle servicing among others.
He indicated that the delays in the release of these allowances are negatively affecting the work, security, and well-
being of magistrates and judges in Ghana. He further stated that for four years now, the salaries and benefits of
magistrates and judges have not been reviewed. He called on the government to take a critical look at this situation
and do something about the situation.
The AMJG president also lamented about the relaxed security that currently exists when it comes to court users
accessing the various courts in the country. He indicated that how the country’s courts are easily accessible is a
matter of grave concern. He suggested that the authorities should consider beefing up security at various courts in
the country to prevent any unfortunate development.
