adverts
Judicial Impunity: Lower Court’s Defiance of Higher Court’s Decision Sparks Outrage
Ghana’s judicial system faces intense scrutiny following a disturbing case of judicial impunity that has left citizens questioning the integrity of the courts.
A District Court in Accra has issued orders that blatantly contradict those of a higher Circuit Court, triggering widespread condemnation.
At the heart of this controversy is a custody battle over a five-year-old child. Judge Dora Inkumsah Eshun of the Circuit Court had issued protective orders favouring Karen Sam, the child’s mother. Despite this, Judge Bernice Mensimah Ackon of the District Court (Family Division) defied the Circuit Court’s ruling and issued conflicting directives.
adverts
Legal experts have described this as a blatant disregard for the hierarchical structure of Ghana’s courts, which mandates lower courts to adhere to decisions made by higher courts.
The consequences of Judge Ackon’s decision were far-reaching and severe. On January 14, 2025, Kwadwo Adjei, the child’s father, exploited the conflicting orders to orchestrate a violent invasion of Karen Sam’s residence.
Accompanied by over 10 policemen, plainclothes security personnel, thugs, and bloggers, Adjei stormed the home, holding its occupants hostage for more than four hours.
The incident left Karen Sam, her family, and friends traumatised.
The incident has sparked outrage across the nation. Many see Judge Ackon’s actions as a glaring example of judicial impunity that undermines the authority of higher courts, weakens public confidence in the judiciary, and creates confusion in the legal system.
Legal experts have emphasised the urgent need for judicial accountability, warning that unchecked impunity could erode the rule of law. “The sanctity of the judiciary depends on strict adherence to its hierarchical structure,” said one legal analyst. “Any perceived error or grievance must be resolved through appellate procedures, not defiance.”
This case has reignited calls for reforms within Ghana’s justice delivery system. Stakeholders are urged to reinforce the judiciary’s adherence to its hierarchy and address systemic gaps that enable such incidents.
