Saluting the resilience of Lower Bench Judges andMagistrates – a feature by Sedinam Awo Kwadam 

Accra, May 1, GNA- Each year on 1st May, the nation pauses to honour the contributions of workers across various sectors. Among them stand the often-overlooked Circuit Court Judges and Magistrates — custodians of justice in communities both urban and remote, whose resolve sustains the very foundation of Ghana’s justice system.

These officers of the lower bench serve as the first point of contact for many citizens seeking redress, resolution, and protection under the law. Yet, their stories are frequently untold, their sacrifices unacknowledged, and their burdens invisible to the broader public. This feature casts a light on their resilience, challenges, and the urgent need for systemic reform.

The Invisible Backbone of Justice

Across the country, lower bench judges preside over more than 70 per cent of courts, handling the bulk of criminal, civil, and family matters. Ghana’s judiciary is made up of 469 courts, of which 333 are Circuit and District Courts -constituting approximately 71 per cent. These are staffed by lower bench judges and magistrates who serve as the first point of contact for most legal disputes.

Their jurisdiction spans misdemeanours, a significant portion of second-degree felonies, and small claims, often delivering justice in the most marginalised communities. The work they do ensures the legal system remains accessible to all Ghanaians, regardless of location or income.

Despite this central role, they function with limited support. The conditions under which they operate are not only physically demanding but emotionally draining, requiring fortitude that is rarely acknowledged, let alone rewarded.

Navigating Justice Without Wheels

Unlike directors of state agencies and senior judicial officers, many lower court judges are left without official vehicles. They are expected to travel for court sittings, administrative tasks, and in some cases, to perform mobile court duties without safe, reliable transport.

This author has encountered colleagues who travel to work in public minibuses — locally called “trotro” — or on motorised tricycles, known as “K3K3” or “Yellow-Yellow”, to fulfil official duties. Even those fortunate enough to receive a government-assigned vehicle are often given cars that are long past their prime, their value depreciated well beyond utility.

This author, who began service on the bench on 1st April 2015, was assigned an official vehicle that has outlived its roadworthiness. The same vehicle remains in use over a decade later, breaking down repeatedly and leaving her stranded multiple times. These incidents highlight not only inefficiency but the indignity foisted upon judicial officers expected to uphold the dignity of the law.

The Risk No One Sees

Security, or the lack thereof, is another overlooked burden. Magistrates frequently reside within the very communities where they adjudicate. Their identities are public; their movements often predictable. Yet, unlike Members of Parliament or senior judges, these officers are seldom assigned personal security.

This author, who is a woman with a disability, has had to drive to and from work without a dedicated bodyguard. She has sentenced a number of offenders, including armed robbers, and has been followed by suspicious individuals on motorbikes. Decoy driving has become a survival tactic, and there have been nights spent away from home for safety. That any judge, let alone one with a physical disability, must live with this level of exposure is a reflection of how little thought is given to the well-being of those tasked with protecting society.

Sacrifice Amidst Financial Strain

The remuneration for Ghana’s lower bench judges remains among the lowest within the Commonwealth, creating a stark contrast between the expectations placed upon them and the realities of their compensation. These officers work under immense pressure, managing substantial caseloads, yet their wages fail to reflect the gravity and complexity of their duties.

Judicial independence is not only threatened by external interference; it is equally undermined when officers are financially insecure. A judge preoccupied with survival cannot be expected to offer impartial, courageous rulings. The risk of fatigue, frustration, and vulnerability to undue influence becomes a quiet but potent threat to justice.

Health as a Personal Burden

The strain of judicial work often leads to long-term health complications. Many judges and magistrates develop ailments such as spinal conditions, diabetes, hypertension, circulatory disorders, and prostate complications due to prolonged sitting, stress, and inadequate access to healthcare. Yet, there is no comprehensive medical cover.

Rather than benefiting from state-sponsored care, these officers are required to pre-finance their medical needs. Surgeries, diagnostics, therapies — all must be paid upfront, with reimbursement arriving, if ever, many months later and at depreciated value. This author experienced such hardship firsthand after sustaining a severe workplace injury in 2019. The injury, which led to permanent disability in the right leg, was caused by the deplorable condition of a court facility. Emergency care, multiple surgeries, and ongoing therapy were entirely self-funded.

This is not an isolated case. Judges have resorted to crowdfunding among peers to support colleagues battling life-threatening illnesses. For officers who serve in silence, with minimal public acclaim, this lack of support is an affront to their dignity and humanity.

Crumbling Courtrooms

The infrastructure housing Ghana’s lower courts is often inadequate, unsafe, and unsanitary. Many courtrooms are dilapidated structures lacking ventilation, reliable power, or basic furnishings. In some areas, courts operate from rented spaces or buildings previously used as shops, churches, or residential homes.

Despite reforms under past Chief Justices such as Sophia Akuffo and Kwesi Anin Yeboah, including the closure of dangerously unfit courts and construction of new ones, progress remains uneven. District, Municipal, and Metropolitan Assemblies (MMDAs) are by law responsible for providing court buildings and residences for judges. Sadly, many fail to fulfil this mandate.

In Accra, for instance, ten district courts were closed due to unsafe conditions. Years later, they remain unreopened. This has directly impeded access to justice in the capital. In some active courts, rainfall halts proceedings as water pours through broken roofs and louvre-less windows — including at the Adabraka District Court.

This author’s own injury, which led to long-term disability, occurred within such a crumbling facility. That a judge can be maimed in the line of duty by the very building meant to serve as a place of justice is a national disgrace.

A Glimpse of What Could Be

There have been moments of promise. The tenure of Chief Justice Georgina Theodora Wood brought hope through a progressive vision for lower bench welfare. Her leadership encouraged qualified professionals, including those trained abroad, to return and serve. This author witnessed legal talents such as Justice Kweku Ackaah Boafo, who has just been nominated to the Supreme Court by the  President, make such transitions to enrich Ghana’s judicial system.

Still, systemic gaps remain. Career magistrates, for example, continue to serve without official vehicles. The divide between officers on the lower bench and those in superior courts is perpetuated by such disparities, deepening feelings of neglect and inequity.

The Way Forward

Addressing the plight of lower bench judges and magistrates requires more than gestures. It demands structural reform anchored in respect, equity, and foresight. The following actions are imperative:

Equitable resource allocation to close the welfare gap between the lower bench and superior courts.

Provision of reliable official vehicles to all judges and magistrates for mobility and safety.

Sustainable infrastructure development, including regular maintenance of existing courts and prioritisation of judicial construction projects by MMDAs.

Enhanced judicial welfare, encompassing competitive remuneration, accessible medical insurance, and personal security arrangements.

Continuity in visionary leadership, building upon past reforms and proactively addressing gaps.

Advocacy by the Ghana Bar Association, whose members rely on the efficiency of lower courts. The Association must speak boldly and consistently on these issues at public forums and bar conferences, translating courtroom observations into national advocacy.

In Celebration and Reflection

On this Workers’ Day, it is fitting to acknowledge not just the contributions of Ghana’s workforce in general, but those who sustain justice in obscurity. Judges and magistrates of the lower bench serve not for acclaim, but out of a commitment to a just and lawful society. Their sacrifices – of comfort, safety, health, and family – should not go unnoticed.

This author honours each of them. Those who wake before dawn to preside in makeshift chambers, those who limp through pain to fulfil a constitutional duty, those who carry the burden of decisions that shape lives – their work matters. May the nation they serve rise to serve them in equal measure.

GNA 

BAS