Justice Without Contempt: Revisiting the Powers of Lower Courts in Ghanaian Jurisprudence

Abstract

This article critically examines the express exclusion of contempt jurisdiction from Ghana’s lower courts—namely Circuit and Magistrate Courts and its implications for judicial authority, constitutionalism, and access to justice. While these courts are empowered to determine serious civil and criminal matters, they lack the authority to punish acts that obstruct or undermine their proceedings. This paradox raises critical questions about the consistency and coherence of Ghana’s judicial framework. Drawing on constitutional provisions, statutory analysis, and case law, the article explores whether the current limitation aligns with principles of judicial independence, fairness, and public accountability. It argues that the absence of contempt powers in lower courts weakens their ability to enforce compliance, diminishes their institutional dignity, and risks eroding public confidence in the judiciary. The article advocates for legal and policy reforms, such as amending the Courts Act or enacting a Contempt of Court Act, to empower lower courts with contempt powers, subject to safeguards and superior court oversight. It concludes that without reform, the lower court’s role in delivering justice at the grassroots level remains compromised, and justice, though dispensed, will not be seen to be done. A robust, respectful, and accessible legal system demands that all courts command compliance and respect