Abstract
The Ghanaian courts have allowed the efflorescence of legal doctrines as necessary nutrients for the enjoyment and development of rights and obligations under the law within the Ghanaian jurisdiction. One such procedural doctrine is LOCUS STANDI or capacity of a party to invoke the supervisory jurisdiction of the Supreme Court of Ghana. This allows the Supreme Court to exercise constitutional oversight responsibility over the actions of all other courts in Ghana. This power emanates from Article 132 of the 1992 Constitution of the Republic of Ghana. The aim of this research is to unravel the inconsistency with which the Supreme Court of Ghana deals with who has the capacity under Article 132 to access the Supervisory Jurisdiction of the Supreme Court of Ghana under Constitutional regime. This paper was developed through qualitative review of various literatures and relevant modern case law to the subject.
Highlights
Since the evolution of the Courts (Barrett, 2006) as bastions of the protection and enforcement of justice, controversies have never subsided over the relevance of their existence in regards to citizenry access to the powers that lie within
The aim of this research is to unravel the inconsistency with which the Supreme Court of Ghana deals with who has the capacity under Article 132 to access the Supervisory Jurisdiction of the Supreme Court of Ghana under Constitutional regime
The 2003-2004 legal year reverted to the 1963-1964 position which stated that only persons with direct interests in matters could sue to access the supervisory jurisdiction of the Ghanaian Supreme Court
Summary
Since the evolution of the Courts (Barrett, 2006) as bastions of the protection and enforcement of justice, controversies have never subsided over the relevance of their existence in regards to citizenry access to the powers that lie within. In other common law jurisdictions such as the United States, the law in this area is clear, superior courts have supervisory authority over the federal courts, and such may be used to prescribe rules of evidence and procedure that are binding on tribunals. The prescription of this power is not a problem within the Ghanaian legal system but the scope of exercise as revealed by the courts from legal year to legal year culminating in the invocation which recently in the 2019-2020 legal year has surfaced as grave inconsistency to the regular precedence.
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