Ghana’s criminal justice system: the case of jury trials

Opinions on Friday, September 18, 2020

Columnist: Cornelius Mensah – Onumah

2020-09-18

Introduction

Trial by jury is an important aspect of the Ghanaian criminal justice system. It was introduced into the country by the British colonial administration in 1874 with the approval of the Judiciary Act. In Ghana, jury trials are used for impeachment trials, that is, cases where the punishment is death or life imprisonment. Some of these cases include murder, armed robbery, homicide, rape, and maritime piracy. Although this system is “outdated,” it is necessary because it allows an impartial group of peers to decide the fate of an accused person, rather than a judge, thus minimizing state oppression. However, in the last decade, some challenges experienced by this system have led some actors to advocate for its abolition, while those who defend its maintenance called for reforms.

How the jury trial system works in Ghana

To ensure fair criminal trials in Ghana, the 1992 Constitution provides for a jury trial. In addition, it provides the type of verdict, which largely depends on the nature of the punishment. This is contained in article 19 (2) (a) of the Constitution which establishes that;
A person accused of a criminal offense, in the case of a crime that is not high treason or treason, the punishment of which is death or life imprisonment, will be tried by a judge and a jury and when the punishment is death, the verdict of the the jury will be unanimous; and in the case of life imprisonment, the verdict of the jury will be by the majority that Parliament may prescribe by law.

It is worth noting that, although the jurors do not participate in the sentencing, their main responsibility is to determine whether a defendant is guilty of the crime for which he is charged, based on the evidence presented in court, while the judge directs. as to which law to apply for each trial. In this case, if the judge does not order the jurors on the law to request a particular trial, they are likely to give a wrong verdict.

Who is eligible to be a judge?

Any citizen of Ghana residing in the country between the ages of twenty-five (25) and sixty (60) who can understand the English language, qualifies to become a juror. A person qualified as a jury will be disqualified when that person has been convicted of treason or a felony or an offense involving dishonesty, unless that person has been pardoned under article 72 of the 1992 Constitution.

Persons exempt from being members of a jury

Article 207 of the Criminal Offenses and Other Offenses (Procedure) Act 1960 (Law 30) Law 30 provides a list of persons exempt from jury service. These include the President, Vice President, President and Members of Parliament (MP), Judges, Magistrates, Practicing Legal Professionals, All Judicial Officers, Registered Physicians, Prison Officials and Guards, Police Officers, agents and other members. of the Armed Forces with full salary, religious leaders, newspaper editors, school teachers effectively dedicated to teaching in a school, diplomatic and consular representatives and salaried officials of foreign governments, among others.

How are jurors selected for a case?

Section 209 of Law 30 provides that a District Magistrate compiles a list of persons residing within a four-mile radius of the city in the district in which the session will be held or within the area specified by the Minister. by order published in the Gazette. In addition, a person may notify the District Magistrate in writing so that their name may be added or deleted from the list made by a District Magistrate for the cause duly assigned in the notification. This list is compiled each May and November, and any other date authorized by the Chief Justice.

In forming a jury panel, members are randomly selected from the list prepared by the District Magistrate. Unlike in England and Wales, where a jury is made up of twelve (12) people, the juries in Ghana are seven (7) for a particular case. In addition, Section 253 of Law 30 provides that a foreman be appointed from among the jurors. The Court appoints one if the jurors do not appoint one within a reasonable time. Questions from jurors are conveyed to the Tribunal through the foreman, who acts as a liaison between the tribunal and the jury panel, and also announces the verdict of the panel.

It is also important to note that the law provides for an imperative challenge. Article 250 of Law 30 gives the accused the right to oppose the selection of some of the members of the jury. In this case, the defendant can challenge 3 of the selected jurors without cause, but in subsequent challenges, Section 251 requires that he provide reasons to exempt those jurors. These reasons can range from alleged potential jury bias, physical disability, being an ex-convict, or your inability to understand the English language. After a potential juror has been challenged and barred from participating in the trial during this process, another person is selected to join the other jurors.

Challenges facing the jury system in Ghana

The challenges facing the jury system have prompted some stakeholders to call for its abolition. The late Emmanuel Owusu Ansah, former deputy attorney general and former Kwabre MP, noted that since other Commonwealth countries rely on the system to determine criminal cases, he wondered if it was the system that was wrong or if there was a problem . with some of the jurors.

One of these challenges is the incompetence of some members of the jury. According to Judge Kosi-Kaglo, a judge at the High Court of Koforidua, the capital of the eastern region, some defendants were wrongly convicted due to the incompetence of some members of the jury. He noted that the low literacy rate among some jurors affected their understanding of cases in court, leading to erroneous verdicts. This is no surprise, as members of various professional bodies, most of whom are highly educated, are excluded from serving as juries. This leads to an erroneous conviction of a defendant, as by law, judges must pass judgment based on the final verdict of the jury. It has been observed that the majority of these jurors are low-ranking staff members who were semi-illiterate and could not adequately understand the English language, a main requirement to be eligible. Some of them included messengers, typists, drivers, rangers, and security officers.

Additionally, some jurors experience “juror fatigue,” rendering them ineffective during an ongoing trial. This may be related to the participation of these jurors in other trials in the same period. Similarly, some judges acknowledge that court proceedings suffer when juries attend trials for long periods. For example, Judge Henry Kwofie, a Superior Court judge, revealed that it was common for jurors who sat for long periods to ignore evidence presented at trial early in the process.

The frequent delays associated with the delivery of the verdict of jury trials have also been a challenge facing the system. A senior lecturer at the University of Cape Coast, Julia Selman Ayetey, relates this dire situation to the absence of some jurors during the trial, leading to the trials being suspended. Continual absence results in the replacement of the jury or the dismissal of the entire panel, with the formation of a new jury. Even if the trial is well advanced, Section 257 of Law 30 requires that the trial start over with these new developments. This frustrates the parties: the family of the victim, the accused, the court and society at trial.

Another challenge facing the jury system in Ghana is the poor treatment of juries by the state. This includes the meager allowance they are paid, which is sometimes not paid on time, and also offers little protection. For example, in July 2012, the Kumasi High Court jury members withdrew their services because the judicial service did not pay their session allowance. Furthermore, between March and April 2013, jurors in Koforidua and Cape Coast threatened to boycott the court proceedings as they had not been paid the required allowance, which had been in arrears for several months. This eventually prolongs the criminal process and, according to the former president of the Ghana Bar Association (GBA), Mr. Benson Nutsukpui, the poor treatment of jurors makes them “susceptible to the influence of the accused and their families. ”.

recommendations

Expand the pool of jurors to include more educated individuals, as this could address the common criticism that jurors are incompetent and illiterate. This may include inviting individuals from the private sector to serve as juries, as some district magistrates have been observed to exclude them.

For jurors sitting on a case for extended periods, intermittent breaks could be introduced to allow them to return to sessions to refresh. This can help juries keep track of proceedings, as they did not receive the same training as judges and lawyers.
The current law, Law 30, should be amended to allow continuation of the trial with available juries when a member is absent, as is practiced in other “common law” countries. In England and Wales, where twelve people form a jury, for example, the trial can continue even if nine members are present.

Finally, it is necessary to take good care of the well-being of the jurors. For example, paying them on time and providing adequate security to minimize public influence on their decisions.