Rule of Law in Ghana – World Countries for Kids

Judicial independence is enshrined in the constitution. While the judiciary has displayed some impartiality in recent years, the perception of corruption and delays in providing justice remain to pose challenges. In August 2023, Chief Justice Gertrude Torkornoo adviced Ghanaians not to pay bribes to those who allegedly work for judges. In September 2023, the Akufo-Addo administration was accused by former president John Mahama of appointing NPP supporters to the judiciary. Mahama called on NDC supporters to become judges and “balance out” the branch.

Constitutional protections for due process and defendants’ rights are upheld in general. Via legislation signed in 2022, plea bargains for most criminal offenses were introduced. The government is not obliged to offer the accused with legal counsel, and many people incapable of affording lawyers are compelled to represent themselves in court.

Police have been notorious for accepting bribes, making arbitrary arrests, and detaining people without charge for longer than the legally permitted limit of 48 hours. A UN Office on Drugs and Crime report, released in 2023 and quoting 2021 survey data, noted that 53.2 percent of respondents said they bribed police officers. Some 22.3 percent said they bribed prosecutors, judges, or magistrates.

Ghanaian law in general offers protection to individuals from illegitimate use of physical force by others, including security agencies, though police have at times used excessive force to disperse lawful protestors. Prisons are overloaded and conditions can be life-threatening, though the prison service has tried to reduce congestion and improve the treatment of inmates in recent years. In July 2023, Parliament abolished the death penalty by amending the COA and the AFA. President approved the amendments in August.

Violence linked to communal, ethnic, and chieftaincy disputes happens in parts of Ghana. In April 2023, Chieftaincy Affairs Minister Stephen Asamoah Boateng stated that struggles linked to chieftaincies represented the bulk of the nation’s national security issues. Asamoah Boateng also said that several of those conflicts were linked to land or power struggles.

Notwithstanding equal rights under the law, women face societal discrimination, particularly in rural areas, where prospects for their education and employment are limited. Nevertheless, women’s enrollment in universities has been growing in recent years. People with incapacities face societal discrimination, despite a 2006 law on disability rights.

LGBT+ people face substantial discrimination. Same-sex sexual activity is outlawed, encouraging impunity for harassment of and violence against LGBT+ people. LGBT+ people and advocacy groups have reported mounting levels of intimidation, harassment, and sometimes lethal violence in recent years.