A lower court in Ghana has brazenly overridden a higher court’s decision in a shocking display of judicial impunity, leaving many to question the integrity of the country’s judicial system.
The incident involves a custody battle over a five-year-old child, with the District Court (Family Division) in Accra issuing conflicting orders that directly contradict those of the Circuit Court.
According to a report by Daily Statesman, Judge Dora Inkumsah Eshun of the Circuit Court had issued protective orders in favour of Karen Sam, the child’s mother. However, Judge Bernice Mensimah Ackon of the District Court (Family Division) disregarded these orders and issued her own conflicting directives.
This blatant disregard for the rule of law and the hierarchical structure of Ghana’s courts has sparked widespread outrage.
The consequences of Judge Ackon’s actions were severe. Kwadwo Adjei, the child’s father, used the conflicting orders to justify a violent invasion of Karen Sam’s residence.
On January 14, 2025, Adjei, accompanied by over 10 policemen, plain-clothed security personnel, thugs, and bloggers, forcibly entered the residence, holding everyone hostage for over four hours.
The traumatic incident has left Karen Sam, her family, and her friends shaken.
Legal experts argue that Judge Ackon’s actions are a clear example of judicial impunity, where lower courts defy the authority of higher courts.
This phenomenon erodes public confidence in the judiciary, creates confusion about law enforcement, and undermines the rule of law.
Stakeholders in the justice delivery system must recognize the importance of respecting the hierarchical structure of Ghana’s courts and address any perceived errors or grievances through appropriate appellate mechanisms.
