In Ghana, justice is not just about what happened. It is about where it happened.
A growing trend where complainants forum-shop — filing a land case from Bolgatanga in Accra, or reporting a criminal offence committed in Obuasi at the Nima Police Station to punish an opponent — is illegal under Ghanaian law. And the Supreme Court has been clear: a court that sits outside its geographical jurisdiction is not a court. Its decision is a nullity.
Here is the law as it stands.
1. THE CONSTITUTIONAL FOUNDATION
Article 125 of the 1992 Constitution vests judicial power in the Judiciary. Article 139(1) gives the High Court original jurisdiction in all matters civil and criminal. Article 142 creates Regional Tribunals with concurrent jurisdiction with the High Court. Article 126(1)(b) empowers Parliament to establish lower courts.
But that jurisdiction is not at large. It is to be exercised as Parliament directs. That direction is in the Courts Act.
2. THE COURTS ACT, 1993 (ACT 459) AS AMENDED BY ACT 620
This is the mother law on jurisdiction.
Section 43 of Act 620 – District Court shall exercise jurisdiction within the district assigned by the Chief Justice in the warrant.
Section 45 of Act 620 – Circuit Court shall exercise jurisdiction within the Circuit assigned.
Section 48 of Act 459 – High Court shall have jurisdiction throughout Ghana, but shall sit in the regions as directed by the Chief Justice.
The principle was restated in lecture notes and affirmed by the courts: A magistrate who sits outside his district without authority renders his decision a nullity. [See Geographical Jurisdiction doctrine under Act 459/620].
Section 101 of Act 459 further clarifies that no jurisdiction conferred on lower tribunals shall affect the concurrent original jurisdiction of the High Court and Circuit Court — but that concurrency does not mean you can ignore territorial limits.
3. CIVIL CASES: YOU SUE WHERE THE PROPERTY OR PERSON IS – C.I. 47
The High Court (Civil Procedure) Rules, 2004 (C.I. 47) Order 3, Rule 1 – Venue of Proceedings is explicit:
– Rule 1(1): Every cause relating to immovable property or interest in it shall be commenced in the Region where the property is situated. You cannot litigate Sefwi land in Kumasi.
– Rule 1(2): Matters relating to movable property distrained or seized shall be commenced where the seizure took place.
– Rule 1(3): Cases against a public officer to recover penalty shall be commenced where the cause of action arose.
– Rule 1(4): Breach of contract / specific performance shall be commenced where the contract ought to have been performed or where defendant resides or carries on business.
– Rule 1(5): All other suits shall be commenced where the defendant resides or carries on business.
– Rule 1(6): If defendants live in different regions, you may sue in any of those regions.
Rule 2(1) and (2) provides the sanction: If a case is commenced in a wrong region, it may continue unless the defendant objects before filing defence, or the court itself reports to the Chief Justice for transfer. The Chief Justice alone can transfer.
Judicial Precedent: In BOYE-DOE v. TEYE (1982), and reaffirmed in REPUBLIC v. HIGH COURT, ACCRA; EX PARTE ANIN (1975), the courts held that jurisdiction is determined by the claim as endorsed on the writ, and where venue is wrong, the proper order is transfer, not dismissal, but failure to transfer renders proceedings irregular.
4. CRIMINAL CASES: YOU TRIAL WHERE THE OFFENCE WAS COMMITTED – ACT 30
For criminal cases, the rule is even stricter. Criminal Procedure Act, 1960 (Act 30) Sections 46 to 53 deal with territorial jurisdiction.
Section 46(1) – Ordinary Place of Trial: Every offence shall ordinarily be enquired into or tried by a court within the local limits of whose jurisdiction it was committed.
Section 46(2)(a) – Accused tried where act done or consequence ensues: When a person is accused by reason of anything done or omitted and of any consequence that ensued, the offence may be tried where the thing was done or where the consequence ensued.
Section 46(2)(d) – Place Uncertain or Offence Distributed: Where it is uncertain in which of several local areas an offence was committed, or committed partly in one and partly in another, or is a continuing offence, it may be tried by a court having jurisdiction over any of such areas.
Section 47 – Transfer on Cause Shown: A court may report to the Chief Justice if it is inexpedient to try in that district, and the Chief Justice may transfer.
Section 13(4) and Section 68 of the Criminal Offences Act, 1960 (Act 29): Establishes locus of offence — where actus reus and mens rea occur in different jurisdictions, Ghana can superimpose. If a person is wounded in Ghana and dies abroad, death is deemed to have occurred in Ghana for murder trial.
The Supreme Court in REPUBLIC v. CIRCUIT COURT JUDGE, ACCRA; EX PARTE YELSON (1970)* and KPEGA v. ATTORNEY-GENERAL emphasized: Jurisdiction in criminal matters goes to the root. Consent of parties cannot confer it. A trial outside territorial jurisdiction violates Article 19(3) — fair trial within reasonable time by an impartial court established by law.
5. DISTRICT-LEVEL JUSTICE: ACT 936
The Local Governance Act, 2016 (Act 936) and District Courts empowered to try sanitation and bye-law offences under Act 29 are given jurisdiction only within the District Assembly area. A District Court in Ablekuma cannot try a bye-law offence committed in Tema.
WHY THE LAW INSISTS ON LOCAL VENUE
Three reasons Ghanaian courts have given:
1. Access to Justice: Witnesses, locus in quo inspection, and customary law ascertainment are local.
2. Prevention of Oppression: Stopping powerful litigants from dragging poor defendants to Accra.
3. Nullity Doctrine: As held in GT. ACCRA REGIONAL ADMIN OFFICER v. MARKHAM and consistently reaffirmed, proceedings taken without jurisdiction are void ab initio, no matter how well conducted.
The Rule in Practice
– A landlord-tenant case in Obuasi must go to Obuasi District or Bekwai Circuit Court, not Adenta.
– A defilement or stealing offence in Obuasi must be investigated by Obuasi Police and tried by the Circuit Court with jurisdiction over Obuasi, not Nima.
– A land title dispute in the Northern Region must be commenced in Tamale High Court, not Accra High Court, unless the Chief Justice orders transfer under C.I. 47 Order 3 Rule 2.
In short: Ghana has one Judiciary, but that Judiciary has many addresses. File at the right address, or risk having your hard-won judgment declared a nullity on appeal.