Ghana's judicial system is an essential pillar of our democratic governance and legal framework. Over the last century, the Ghanaian legal system has evolved significantly resulting in the birth of a reformed system that reflects values of fairness, accountability, and equality.
Although Ghana’s Judicial Service has had its fair share of challenges since its establishment in 1954, it is also important to note that it has made considerable strides and advances during the period by ensuring legal services are robust and more accessible to all Ghanaians.
Nonetheless, our judicial system continues to face challenges, including case backlogs, resource constraints, lack of infrastructure and personnel, perceptions of corruption among other issues.
For some, the introduction of the Court Shift System (CSS) which is expected to take off on March 25, 2024 could be a potential solution to certain challenges within the judicial system, particularly in managing caseloads and improving efficiency.
The shift system will allow some selected courts (two High Courts at Adentan, Amasaman High Court 1, Weija Circuit Court, La District Court, Teshie District Court, two District Courts at Madina and the Nsawam High Court) to operate in two sessions- morning and afternoon, with the morning session spanning from 8:30 am to 1pm and afternoon session from 1:30pm to 6:30pm.
It represents a departure from traditional operating hours, enabling courts to extend their sessions beyond the typical working hours and operate on a multi-shift basis. The decision to embrace the court shift system also reflects a recognition of the need for greater flexibility, responsiveness, and efficiency within Ghana's judicial system.
As a think tank that recognizes the importance of democracy in Ghana's growth and development, the Africa Center for Democracy and Socioeconomic Development (CDS Africa) believes that by allowing courts to operate longer hours or multiple shifts, the CSS will enhance case management, expedite the delivery of justice and alleviate backlog issues.
CDS Africa also holds the view that by extending operating hours of the Judicial System, individuals who may have difficulty attending court hearing during regular working hours due to employment commitments will be able to attend afternoon shift hearings while optimizing courtroom utilization and also fast-tracking case disposition.
However, whether it is the "way to go" depends on various factors that should be carefully considered. A cross section of Ghanaians have raised concerns about the potential challenge of Judges and judicial staff experiencing increased stress, the lack of infrastructure maintenance, security and burnout of staff due to long hours and irregular schedules which can ultimately affect the quality of work and the administration of justice.
There are also concerns about the unavailability of logistics in managing caseloads and representing clients effectively under a shift system. Notable personalities in the legal fraternity have highlighted the effects of these logistical inefficiencies in coordinating client’s needs, attending multiple court sessions, and balancing work responsibilities. These challenges could strain the capacity of the legal professionals and impact the quality of legal representation.
In the long-term, ensuring the availability of adequate facilities, increasing human resource and security should be considered to guarantee the efficient running of the CSS Program.
As Ghana embarks on this transformative journey towards 24/7 justice, CDS Africa recognizes that the successful implementation of the court shift system will require careful planning, and stakeholder engagement to attain its full potential and pave the way for a more efficient, responsive, and inclusive judicial system for generations to come.
