By
Her Honour Judge Sedinam Awo Kwadam (Mrs.),
Circuit Court 7 Accra, Ghana.
May 1, 2025.
Introduction
Each year, on the 1st of May, the world comes together to celebrate the invaluable contributions of workers. In Ghana, this significant occasion is observed as a public holiday, marked by various celebrations that culminate in parades at Independence Square and across regional, municipal, and district levels.
On this Workers’ Day, I wish to extend a special tribute to the Ghanaian worker, with particular focus on the Circuit Court Judges and Magistrates who serve on the lower bench of Ghana’s judiciary. These judicial officers represent the essential connection between the justice system and the everyday Ghanaian, acting as guardians of security and the rule of law, even in the most remote and underserved communities across the nation.
This tribute is both timely and necessary, given the longstanding lack of recognition for their pivotal contributions to justice delivery. Their steadfast commitment and resilience, often demonstrated under extremely challenging circumstances, merit not only our admiration but also a concerted effort to address the systemic challenges they face. It is imperative that their indispensable role in upholding justice and the rule of law receives the respect, appreciation, and support it truly deserves.
The Silent Pillars of Justice and the Challenges They Face
Judges and Magistrates of the lower bench are essential pillars of Ghana’s justice delivery system, especially at the community level. Data from 2024 on court distribution highlights the significant disparity between the superior and lower courts. The lower bench constitutes 333 out of 469 courts, accounting for approximately 71% of all courts nationwide.
Indisputably, these judges and magistrates handle the majority of cases, including misdemeanours, a significant portion of second-degree felonies, and small claims. Their decentralised presence across even the most remote parts of the country, coupled with their community-based structure, ensures justice is accessible to all citizens, underscoring their critical role in safeguarding access to justice.
Despite their indispensable contributions, the sacrifices and challenges faced by judges and magistrates of the lower bench often go unacknowledged. These challenges, both systemic and operational, test their resilience and commitment to justice on a daily basis. Outlined below are some of the challenges faced by judges and magistrates of the lower bench.
1. Working Without Basic Necessities
It is deeply concerning that many lower bench judges and magistrates in Ghana, unlike directors of state agencies and ministries, are compelled to work either without official vehicles or with old, rusty vehicles, placing the burden of safe mobility squarely on their shoulders. They often rely on public transportation or their personal resources, even for official duties in remote areas. For instance, I have personally encountered a Magistrate who relies on public minibuses, commonly known as “trotro,” and another on tricycles, referred to as “K3K3” or “Yellow-Yellow,” to fulfil their professional responsibilities.
Even for those judicial officers who are provided with official vehicles, many of these vehicles far exceed their intended lifespan, often being used for double the requisite number of years. In some cases, Judges and Magistrates are assigned cars which are effectively at the end of their utility, operating at scrap value or well beyond their depreciated worth.
The lack of adequate police protection significantly compounds the challenges faced by officers of the lower bench. Magistrates, for instance, often reside within the very communities where they adjudicate, leaving them exposed to considerable risks without the benefit of personal security. Similarly, Circuit Court judges, who preside over high-stakes cases such as robbery, face heightened vulnerabilities yet lack the necessary security arrangements to safeguard them. This glaring absence of protection highlights a profound deficiency in the resources and support afforded to these indispensable custodians of justice, a situation not seen with other state officials like Parliamentarians and seniors at the bench.
Allow me to illustrate this concern with my personal experience. When I joined the bench as a magistrate on April 1, 2015, I was assigned an official vehicle. More than a decade later, I am still compelled to use the same vehicle, despite its recurring and worsening mechanical issues. On numerous occasions, I have been stranded on the road, forced to either repair the vehicle on the spot or have it towed to a mechanic. In the course of my work, I have sentenced numerous offenders, including robbers. Consequently, I have been tailed by suspicious bikers and have resorted to decoy driving to evade potential threats. For my safety, I have often had to spend nights away from my home. Despite these risks, as a woman and a person with a disability in my leg, a disability occasioned by a workplace injury, for the past four years, I have had to drive myself to and from work without the assistance of a personal bodyguard or driver.
I am certain that many of my colleagues on the lower bench could recount similar experiences, each underscoring the urgent need for enhanced security measures and support for judges and magistrates serving in these critical roles.
2. Financial Struggles and Medical Precarity
The financial hardships faced by lower bench judges and magistrates in Ghana are both significant and deeply troubling. Their remuneration ranks among the lowest within the Commonwealth, a stark contrast to the critical role they play in upholding justice and the rule of law. This financial disparity not only undermines the dignity of their noble profession but also creates a sense of demoralization among those who dedicate their lives to serving the public good.
Historically, the judiciary has been regarded as one of the most important arms of government, tasked with safeguarding constitutional rights and ensuring the rule of law. Judges are expected to maintain high standards of independence, impartiality, and integrity. However, these expectations are rendered difficult to fulfil when their financial realities paint a different picture. Judges and Magistrates of the lower bench often work under immense pressure, managing heavy caseloads and making life-altering decisions daily, yet their compensation fails to reflect the gravity of their responsibilities.
Adding to the financial challenges faced by judges is the burden of prefinancing medical treatments. Over the years, many judges and magistrates have developed occupational health conditions such as spinal disorders, circulatory issues, diabetes, hypertension, prostate ailments, and other life-threatening illnesses. Without comprehensive medical insurance, they are compelled to bear the full cost of healthcare, including expensive surgeries and prolonged medical therapies, entirely out of pocket. This situation is particularly troubling, given the inherent risks and stresses of their work, which often contribute to these health challenges and demand prompt, adequate medical care.
On numerous occasions, the lower bench has resorted to organizing fundraising activities to facilitate the urgent medical treatment of their colleagues, driven by a policy requiring judges or magistrates to prefinance their healthcare. This lack of immediate institutional support leaves judicial officers in an untenable position.
I speak from personal experience, having sustained a workplace injury in 2019 that resulted in permanent disability in my right leg. From emergency care to multiple surgeries and ongoing treatment, I was forced to prefinance every aspect of my medical care. Reimbursements, when they come, often take months, which end up at a depreciated value, further exacerbating strain during an already challenging period. Many of my colleagues have endured similar ordeals, navigating severe health crises without adequate support.
This state of affairs is unacceptable, particularly given the critical role these judicial officers play in maintaining justice and the sacrifices they make to serve their communities, often in the most remote parts of the country. Those who dedicate their lives to upholding the rule of law should not have to endure the indignity and hardship of worrying about affording basic and emergency healthcare. Addressing this issue is not just a matter of fairness but an essential step toward preserving the dignity of the judiciary and ensuring the well-being of its members.
Ultimately, addressing the financial challenges faced by judges and magistrates is not merely a matter of improving their welfare; it is a critical step in safeguarding the integrity and efficiency of the justice delivery system. Financial security and access to adequate healthcare enable judges and magistrates to perform their duties with the independence, impartiality, and focus required of their esteemed office. A judiciary burdened by financial and health-related stresses cannot effectively uphold the rule of law.
Ghana must therefore prioritize enhancing the remuneration of lower bench judges and magistrates while instituting comprehensive healthcare provisions to meet their needs. These measures are essential not only to preserve the dignity of judicial officers but also to strengthen the justice system, ensuring its fairness, reliability, and accessibility for all.
3. Poor Infrastructure and the Price of Neglect
Perhaps the most pressing challenge faced by lower bench judges and magistrates is the deplorable state of the infrastructure in which they are expected to discharge their duties. Dilapidated courtrooms, unsafe working environments, outdated furniture, and inadequate facilities are unfortunately common. These conditions not only compromise the efficiency and effectiveness of the justice delivery system but also undermine the safety and dignity of the judges and magistrates who serve in these courts.
Recent years have seen efforts to address these challenges. Under the leadership of Her Ladyship, Chief Justice Sophia Akuffo and His Lordship, Chief Justice Kwesi Anin Yeboah, significant strides were made to advocate for improved judicial infrastructure. Their tenures saw initiatives to close down unsafe court buildings, construct new ones, rehabilitate existing facilities, and modernize infrastructure to better support the administration of justice. While commendable, these efforts have not adequately addressed the widespread and persistent nature of the problem.
District, Municipal, and Metropolitan Assemblies (MMDAs) bear a statutory responsibility to provide safe and functional court buildings, furnishings, and residential accommodations for judges and magistrates. Unfortunately, many of these bodies have failed to fulfill this crucial obligation, leaving judicial officers in precarious conditions that undermine the effective delivery of justice across Ghana.
A poignant example of this neglect is the closure of 10 district courts—eight near the beach in Accra and two at the Adjabeng market—ordered by then-Chief Justice Sophia Akuffo due to their unsafe and deteriorated conditions. Despite the vital role these courts play in ensuring access to justice, the Accra Metropolitan Assembly (AMA) has yet to reestablish them. This prolonged inaction has significantly hampered access to justice for many residents who rely on district courts in the Accra region.
Addressing these challenges requires urgent and sustained commitment from all stakeholders, particularly MMDAs, to prioritise the construction, maintenance, and modernisation of court infrastructure nationwide. Ensuring the safety and functionality of judicial facilities is not merely an administrative duty; it is foundational to upholding the rule of law and preserving public confidence in the justice system.
For many judges and magistrates, working in such unsafe and inadequate conditions is both demoralising and hazardous. My personal experience exemplifies the severe consequences of infrastructural neglect. On November 25, 2019, I suffered a workplace injury directly caused by the deplorable state of a court facility. This injury left me permanently disabled in my right leg, a life-altering event that underscores the urgent need to address systemic deficiencies in judicial infrastructure.
Even where new court facilities have been built, the lack of consistent maintenance leads to rapid deterioration, rendering them less effective and jeopardising their intended purpose. Maintenance is not a peripheral concern but a strategic imperative to safeguard the longevity, safety, and operational efficiency of court buildings. Adequate upkeep ensures that these facilities remain fit for purpose, fostering a conducive environment for the administration of justice and the protection of all who depend on them.
The historical neglect of judicial infrastructure in Ghana paints a troubling picture. For decades, courts have been housed in unsuitable locations, including makeshift structures and facilities that lack adequate security, ventilation, or accessibility. For example, the Adabraka District Court operates without louvre blades, leaving it vulnerable to rainwater whenever it rains. Similarly, numerous court buildings across the country suffer from weak and leaking roofs, posing a significant risk to all who use these facilities. These unsafe and inadequate conditions not only hinder the efficient administration of justice but also compromise the health and safety of judges, magistrates, court staff, litigants, and the general public.
In contrast, many Commonwealth jurisdictions have made judicial infrastructure a priority, recognising its vital role in upholding the rule of law. Countries such as the United Kingdom, Australia, and South Africa have invested significantly in modern, purpose-built court facilities. These state-of-the-art structures are designed to ensure accessibility, security, and operational efficiency, setting a benchmark for the standards Ghana should aspire to meet.
The plight of Ghanaian judges and magistrates working in substandard conditions requires immediate and sustained action. Investment in judicial infrastructure is not a luxury, it is a fundamental necessity. Properly constructed, adequately maintained court facilities are essential for the effective administration of justice, the safety of judicial officers, and the public’s trust in the judiciary. Ghana must commit to an infrastructure agenda that prioritises judicial facilities, ensuring that no judge, court staff, or user has to endure the indignity or dangers of substandard working environments. This commitment is critical to safeguarding the integrity of the justice system.
Historical Context and Reflections
My decade-long tenure as a magistrate and judge offers a unique perspective on the evolution of judicial leadership and its impact on the judiciary. Among the most transformative eras was the tenure of Her Ladyship Chief Justice Georgina Theodora Wood. As Ghana’s first female Chief Justice, Her Ladyship’s leadership was a beacon of progress, characterized by significant reforms aimed at enhancing the welfare of lower bench judges and magistrates. Her efforts were instrumental in attracting a diverse pool of legal talent, both locally and internationally, to serve across various levels of the judiciary. A prominent example is Justice Kweku T. Ackaah Boafo, now an esteemed Appeals Court Judge (recently nominated by President John Dramani Mahama to the Supreme Court), who left a successful legal practice abroad to contribute to Ghana’s justice system.
Chief Justice Georgina Wood’s dedication to improving conditions for lower bench judges and magistrates was undoubtedly influenced by her own experiences as a magistrate and circuit judge. Her firsthand understanding of the challenges faced at these levels fueled her commitment to addressing systemic issues and fostering inclusivity within the judiciary. This empathetic leadership approach translated into tangible advancements that elevated the profile and morale of the lower bench.
However, despite these strides, notable gaps persisted. For instance, career magistrates, who perform the same duties as professional magistrates, were not provided with official vehicles during her tenure, and this unfortunate policy still plagues the portfolio of career magistrates. This critical resource is particularly vital for judges and magistrates who are frequently posted to remote or underserved areas. The absence of official vehicles exacerbated the welfare disparities between lower bench judges and their counterparts in the superior courts, perpetuating a systemic divide that undermines equity within the judiciary.
The lack of official vehicles for many career magistrates and even some professional magistrates and judges is emblematic of a broader challenge, the inconsistent attention to the fundamental needs of the lower bench. This oversight not only hampers their efficiency and safe mobility but also reflects the systemic neglect that has historically plagued the judiciary. Addressing such disparities is crucial for fostering a judiciary that is not only equitable but also fully equipped to uphold justice in every corner of the country.
The Path Forward
It is evident that while individual Chief Justices have made significant contributions to improving the judiciary’s conditions, piecemeal reforms are insufficient to address the entrenched challenges faced by lower bench judges and magistrates. Comprehensive, long-term strategies are required to ensure that these judges and magistrates are adequately supported in their critical role of delivering justice to all citizens, particularly those in the remotest parts of the country.
To align Ghana’s judiciary with global best practices and restore public confidence, the following steps must be prioritised:
1. Equitable Resource Allocation: Closing the welfare gap between the lower bench and the superior courts to ensure fair treatment across all levels of the judiciary.
2. Provision of Official Vehicles: Ensuring that all judges and magistrates, regardless of their rank, have access to reliable official transportation to enhance mobility and safety.
3. Sustainable Infrastructure Development: Investing in modern, safe, and well-maintained court facilities to provide a conducive and secure environment for the administration of justice.
4. Judicial Welfare Enhancements: Establishing a comprehensive framework that includes competitive remuneration, medical insurance, and security measures for all judges and magistrates.
5. Leadership Continuity and Vision: Building on the strides made by previous Chief Justices while addressing the gaps that remain to create a cohesive and sustainable vision for the judiciary’s future.
6. The Role of the Ghana Bar Association: The Ghana Bar Association (GBA), as a key stakeholder in the legal and judicial ecosystem, has a critical role to play in advocating for the welfare of judicial officers and the structural integrity of the judiciary. Members of the GBA, who ply the bulk of their trade in the lower courts, are uniquely positioned to witness firsthand the myriad challenges faced by judges and magistrates in these courts. From inadequate infrastructure and logistical deficiencies to the lack of security and welfare support for judicial officers, these issues are glaring realities in the day-to-day operations of the courts. While these matters are often discussed within the confines of courtrooms, there is a notable absence of advocacy or dedicated discourse by the Bar on these pressing challenges at Bar Conferences or other public forums organised by the GBA. By championing reforms and highlighting these deficiencies on their platforms, the GBA can drive meaningful change and ensure a judiciary that reflects the dignity and efficiency necessary for upholding justice.
Conclusion
The judiciary’s ability to uphold justice and the rule of law is inherently tied to the welfare and resources provided to its officers. Despite the immense challenges they endure, lower bench judges and magistrates continue to serve with unwavering dedication. Their resilience is a testament to their commitment to serving Ghana. They are the silent pillars upon which the justice system rests, often operating in remote and underserved areas to ensure justice is accessible to every Ghanaian.
To all Ghanaian workers, and especially to my colleagues on the lower bench, judges and magistrates, I extend my deepest respect and heartfelt salute. Your unwavering courage, steadfast dedication, and extraordinary resilience in the face of immense challenges inspire us all. Your sacrifices, though often unseen, are the backbone of our nation’s pursuit of justice. Let it be known: your tireless contributions to Ghana are not in vain. They are cherished, and they will forever remain an integral part of our nation’s legacy.
Today, as we honor the contributions of workers across every sector, I pause to shine a spotlight on the unsung heroes of justice, my fellow judges and magistrates of the lower bench. I know firsthand the weight of your sacrifices and the depth of your commitment. I hear your frustrations and see the toll that this noble profession often takes. Many of you have poured tears, sweat, and blood, some even sacrificing your health and well-being, out of an unyielding dedication to your judicial oath and to serving our beloved Motherland.
Your service is a testament to an unshakeable belief in justice and the greater good, even when faced with the most daunting circumstances. Today, I celebrate you, my colleagues, my heroes. You are the embodiment of resilience, and your devotion to this calling inspires hope for a brighter future. Let us remain steadfast in our pursuit of a Ghana where every worker, especially those who safeguard justice, is treated with the dignity and respect they so deeply deserve.
Those in positions of authority and influence must recognise the sacrifices of lower bench judges and magistrates and dedicate themselves to addressing the systemic challenges they face. By providing the necessary resources, robust infrastructure, and adequate security, we can empower them to continue their vital work of delivering justice and upholding the rule of law in service to Ghana.
