JUDICIAL SERVICE OF GHANA ANNUAL REPORT

Transcription

1 JUDICIAL SERVICE OF GHANA ANNUAL REPORT

2 Table of Content MESSAGE FROM THE HONOURABLE LADY CHIEF JUSTICE 4 THE JUDICIAL SERVICE OF GHANA 7 THE JUDICIAL COUNCIL 8 THE COURTS Supreme Court 1.2 Court of Appeal 1.3 High Court 1.4 Fast Track Court 1.5 Commercial Division 1.6 Circuit Court 1.7 Domestic Violence Court 1.8 District Court 1.9 Juvenile Court 1.10 Motor Court 1.11 Court Administration DEPARTMENT REPORTS 2.1 Human Resource Department Finance Department Audit Department Works Department Information Communication Technology Department Communications Department Monitoring & Evaluation Department 33 2

3 SPECIAL UNITS 3.1 Judicial Training Institute (JTI) Judicial Reforms and Projects Directorate Public Complaints & Court Inspectorate Unit ADR Directorate 46 ASSOCIATION 4.1 Association o Magistrates & Judges (AMJG) 51 LIST OF JUDGES 53 APPENDIX Appendix 1 Brief Statistics 59 Appendix 2 Statistics of the Supreme Court and Court of Appeal 60 Appendix 3 Statistics of the High Courts 62 Appendix 4 Statistics of the Circuit Courts 62 Appendix 2 Statistics of the District Courts 67 3

4 Message from the Hon. Lady Chief Justice There is a growing national re-awakening to the realisation that our best efforts would come to naught if our individual and collective actions are not underpinned by integrity. I trust that we in the Judiciary and the Judicial Service will re-dedicate ourselves to this ennobling and enduring judicial virtue in our desire to render justice to all those who access the courts. INTRODUCTION The Almighty God has ushered us into yet another Legal Year. It is my singular honour and delight to welcome all members of the Judiciary and Staff of the Judicial Service to another year of hard work and sacrifice in administering justice to all according to law. THEME The theme for the Legal Year is ACCESS TO JUSTICE INTEGRITY IN JUSTICE DELIVERY. THE FIVE-YEAR STRATEGIC PLAN This year marks the beginning of the implementation of the Five-Year Strategic Plan of the Judiciary and the Judicial Service. One of the essential features of the Strategic Plan is the development of a new Vision for the Judiciary and the Judicial Service, as well as an elaborate Mission Statement which defines our raison d'etre. Our new Vision, Justice Without Barriers, reiterates our commitment to eliminate the impediments that undermine the effective delivery of justice. Our Mission Statement also reinforces our constitutional mandate that, the Judiciary is an independent arm of State created to resolve legal conflicts according to law, impartially and efficiently to all manner of persons without fear or favour, affection or ill will. We do this by the true and proper interpretation, application and implementation of the laws of Ghana. Under the Plan, our new strategic goals among others are to strengthen public trust and confidence in the 4

5 Judiciary by deepening understanding of its functions, to consolidate judicial independence, provide adequate infrastructure for justice delivery (security of courts, judges, staff and their families), to increase the application of ICT to improve efficiency and reduce costs, improve administrative capacity and efficient management of the Judiciary's resources, to attract quality staff, strengthen the capacity of its human resource and improve the conditions of service of staff and finally to improve access to the courts through the provision of adequate infrastructure, logistics and financial resources. Our core values remain punctuality, honesty, impartiality, dedication to duty, transparency, self-discipline, efficiency and independent-mindedness. I N F O R M AT I O N A N D C O M M U N I C AT I O N TECHNOLOGY We continue to modernise and infuse efficiency into our work through the intervention of ICT. Since January 2014, cash collection activities in the courts at the Head Office and its environs have been successfully automated. This process of automation is to be extended to the courts in Tema and outlying areas, and later to Kumasi and Takoradi respectively. Also, under the Integrated Pay Roll and Personnel Database ((IPPD) Project, we have provided a realtime electronic platform for the management of the Service's pay roll activities. INFRASTRUCTURE Our 42-Courtroom Complex is 82% completed. The expected completion period of September, 2014 has been revised to February, 2015 so that the supply and installation of furniture and all ICT related works can be duly completed to make the facility fully operational for use. We continue to improve the citizens' access to justice through the creation of courts and expansion of existing infrastructure. In March, 2014, we established two special utility weekend courts in Accra to handle cases of electricity and allied matters. We also established three new District Courts at Weija, Teshie/Nungua and Prampram and two Circuit Courts at Amasaman and Ashaiman in June this year. Eight new District Courts are to be established in the Ashanti Region and two in the Volta Region. We intend to continue along this path in the coming years by building more courts. TRAINING FOR JUDGES AND STAFF Training and capacity development continue to remain key components of our strategic institutional objectives. Through the kind support of DANIDA, the JTI embarked upon a number of continuing education training programmes for both serving and new Judges, Magistrates and Staff. Other organizations such as the Ghana Shippers' Authority (GSA) the Environmental Protection Agency (EPA), VODAFONE, the Financial Intelligence Centre and the Land Administration Project (LAP) have helped in this direction. 5

6 POSTGRADUATE PROGRAMMES FOR JUDGES As we strive to promote excellence and scholarship on the Bench, the Judicial Service continues to seek opportunities for post-graduate studies overseas for our Judges and Magistrates in various law disciplines. This year as in previous years, a number of Judges and Magistrates have proceeded to the US for this purpose. We remain deeply indebted to the Fordham University and St John's University all in New York, George Washington University, Washington DC and Wayne State University in Detroit, Michigan for offering scholarships to some of our Judges and Magistrates to pursue their post-graduate degrees. Also, through the kind sponsorship of the World Intellectual Property Organisation (WIPO), two of our Judges in May 2014 commenced a one-year LLM Programme in Intellectual Property offered by the Africa University in Mutare, Zimbabwe in conjunction with the African Regional Intellectual Property Organisation (ARIPO). CONCLUSION I thank the Judicial Council, General Legal Council, all Judges, Management and Staff of the Judicial Service for their invaluable support and hard work during the past year and look forward to the same in the coming year. GEORGINA T. WOOD (MRS.) O.S.G., LLD (honoris causa) 6

7 The Vision of the Judiciary/ JUSTICE WITHOUT BARRIERS Mission Statement The Judiciary is an independent arm of State created to resolve legal conflicts according to law, impartially and efficiently to all persons without fear or favour, affection or ill-will. We do this by the true and proper interpretation, application and implementation of the laws of Ghana. Strategic Goals Strengthen public trust and confidence in the Judiciary by deepening understanding of its functions; Consolidate judicial independence, especially financial independence; Attract quality staff, strengthen the capacity of its human resource and improve the conditions of service of staff; Improve access to the courts through the provision of adequate infrastructure, logistics and financial resources. Core Values Independent-Mindedness Honesty Efficiency Self-Discipline Impartiality Punctuality Dedication to duty Transparency Provide adequate infrastructure for Justice delivery (security of courts, judges, staff and their families); Increase application of ICT to improve efficiency and reduce costs; Improve administrative capacity and efficient management of the Judiciary's resources; 7

8 Judicial Council The Judicial Council was created under article 153 of the 1992 Constitution. This 17-member body is constituted as follows: (a) The Chief Justice, Chairperson; (b) The Hon. Attorney General & Minister for Justice; (c) A Justice of the Supreme Court nominated by Justices of the Supreme Court; (d) A Justice of the Court of Appeal nominated by Justices of the Court of Appeal; (e) A Justice of the High Court nominated by Justices of the High Court; (f) Two (2) representatives of the Ghana Bar Association, one of whom shall be a person of not less than 12 years standing as a lawyer; (g) Representative of Chairmen of Regional Tribunals. (h) A representative of the Lower Courts; (i) The Judge Advocate-General of the Ghana Armed Forces; (j) The Head of the Legal Directorate of the Police Service; (k) The Editor of the Ghana Law Report. (l) A representative of the Judicial Service (m) Staff Association of Ghana (JUSAG) nominated by the Association; (n) A Chief nominated by the National House of Chiefs; and (o) Four (4) other persons who are not lawyers appointed by the President. Its functions are mainly advisory. It has the duty of proposing for the consideration of Government any judicial reforms necessary for improvement of the services of the Judiciary. It serves as a body for the consideration and discussion of matters that impinge on the efficient functioning of the Judiciary, thereby assisting the Hon. Lady Chief Justice in the performance of her duties. For the effective performance of these functions, the Council is permitted by law to establish such committees as it deems fit to which it may refer any matters concerning the Judiciary. Other advisory functions of the Judicial Council relate to the appointment and removal of judges and other staff of the Judicial Service. The President on the advice of the Judicial Council appoints all Superior Court Judges, except the Chief Justice. 8

9 The Courts 1.0 The Courts The courts in Ghana are of two main categories: The Superior Courts and the Lower Courts. The Superior Courts are made up of the Supreme Court, the Court of Appeal and the High Court. The Lower Courts as Parliament may by law establish are currently made up of the Circuit Courts and the District Courts which when differently constituted serve as Juvenile Courts and Family Tribunals. 1.1 Supreme Court This Court is the final appellate body of the whole court system of the country. It has the original and exclusive jurisdiction in all matters relating to the enforcement or interpretation of the Constitution and all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under the Constitution. The Court has appellate jurisdiction to the exclusion of the Court of Appeal, and determines matters relating to the conviction of a person for high treason. Appeals from the National House of Chiefs are also heard by the Supreme Court. The Supreme Court also has supervisory jurisdiction over all courts in the country. The Court is to consist of not less than nine (9) Justices of the Supreme Court. For its work, the Court is duly constituted by five (5) Justices. At the end of the Legal Year, there were 11 Justices of the Supreme Court, excluding the Chief Justice. 1.2 Court of Appeal The Court of Appeal has no original jurisdiction. It serves as the appellate Court for the High Courts and the Circuit Courts, unless otherwise provided by law. Article 136 of the Constitution states that the Court of Appeal shall consist of the Chief Justice, not less than 10 other Justices of the Superior Court as the Chief Justice may request to sit in the Court of Appeal. Any three (3) Justices, however, duly constitute the Court. At the end of the Legal Year there were 24 Justices of the Court of Appeal. 1.3 High Court The High Court is duly constituted by a single Judge unless he is required to sit with a jury or assessors. Unless otherwise specified by the Constitution, it has original jurisdiction in all matters, civil and criminal. It has appellate jurisdiction as may be conferred on it by the Constitution or any other law. Currently, it serves as the appellate body for appeals from criminal judgment of the Circuit Courts and all appeals from the District Courts, the Juvenile Courts 9

10 and the Family Tribunals. It has supervisory jurisdiction over all Lower Courts in the country. The High Court also has jurisdiction to enforce the Fundamental Human Rights and Freedoms guaranteed under the Constitution. Currently there are 102 Justices of the High Court. 1.4 Fast Track Division The Fast Track Court is a Division of the High Court and operates under an effective case flow management system. It has six judges sitting at a time in Accra. It hears a class of cases approved by the Chief Justice. 1.5 Commercial Division The Commercial Division has been in operation since th its inauguration on the 4 of March, The Court operates as a specialised division of the High Court. By the Rules of the Court, it is mandated to deal exclusively with matters of a commerce.al nature, which have been detailed under Order 58 of C.I. 47, (High Court Civil Procedure Rules.) The Court is regulated by the High Court Civil Procedure Rules. The difference between this court and other existing High Courts is with respect to its jurisdiction, which is limited to business and commercial disputes and the introduction of court related mediation procedures as part of the Dispute Resolution Process. The Court upon its establishment was also granted semi-autonomous status to enable it to run efficiently and effectively. By the nature of its operation and mandate, the Court serves as a model for reform in judicial administration and delivery of justice. The Division is managed by the President, a High Court Judge who acts as the Executive and the judicial head of the Court and supervises the operations of the Division together with an Administrator, a Registrar, an Accountant and other supporting administrative staff. The total staff strength to date is 70 which includes seven judges. A Users Committee and a Management Committee provide support for the management of the Court. Other specialised divisions of the High Court are the Land Courts, Economic and Financial Crimes Courts, Human Rights Courts as well as the Industrial and Labour Courts. 1.6 Circuit Court Each Circuit Court is manned by a Circuit Judge. Its jurisdiction includes civil actions arising under contract or tort or for recovery of all liquidated claims not exceeding GH 10,000.00, all landlord and tenant cases, ownership, possession, occupation and title to land cases. The Circuit Court also has jurisdiction in applications for Probate and Letters of Administration where the value of the property does not exceed GH 10, and matters involving custody of children. The Circuit Court has original jurisdiction in all criminal matters other than treason and offences punishable by 10

11 death. Appeals from Circuit Courts in civil cases go to the Court of Appeal and in criminal cases to the High Court. Currently, there are 58 Circuit Court Judges. 1.7 Gender-Based Violence Court The Gender-Based Violence Court, popularly called the Domestic Violence Court has been in existence since March Its main aim is to resolve domestic violence cases in a speedy manner. The Court deals with matrimonial and adoption cases. The Court handles criminal cases including defilement, incest, indecent assault, cases under the Domestic Violence Act and cases involving issues related to children. 1.8 District Court The District Court makes up the largest number of courts in the country and statistically handles the largest number of cases. It is the policy of the Service that each district in the country should have at least one Court. Civil jurisdictions of this Court include all personal actions arising under contract or tort for recovery of any liquidated sum where the amount claimed does not exceed GH In criminal matters, the Court has jurisdiction to try summarily offences punishable by a fine not exceeding Five Hundred (500) penalty units or imprisonment for a term not exceeding (2) years or both. There are a total of 155 Magistrates at post. 49 of them are Professional Magistrates and 106 Career Magistrates. 1.9 Juvenile Court The Chief Justice has the power to designate a District Court as a Juvenile Court. This court shall be composed of the District Magistrate and two (2) other persons, one (1) of whom shall be a Social Welfare Officer. The Court has power to hear and determine any matter, civil or criminal that involves a person under the age of 18 years Family Tribunal The District Court serves as Family Tribunal to hear and determine actions that arise under the Children's Act 1998 (Act 560). Its main jurisdiction is in matters concerning parentage, custody, access to and maintenance of children. It also has jurisdiction in cases concerning children in need of special care and protection, in which case, the Tribunal can make care and supervision orders. The Family Tribunal is constituted by a panel consisting of a Chairman, not less two (2) or more than five (5) other members, including a Social Welfare Officer appointed by the Chief Justice on the recommendation of the Director of Social Welfare. 11

12 1.11 Motor Courts This is a specialised District Court mandated by the Chief Justice to handle only Motor/Traffic cases COURT ADMINISTRATION The Court Administration Department is in charge of the day-to-day administration of the courts. Its mandate includes the following: Currently the Department is staffed with six (6) officers made up of the Chief Registrar-General and five (5) other officers. Distribution of Courts in Ghana A study of the distribution of courts indicates that there are 327 courts in Ghana. Please find at page 13 a summary of the distribution. GREATER ACCRA REGION Justice for All Programme The Justice for All Programme is designed to decongest prison facilities across the country by freeing remand prisoners who have been incarcerated for at least five (5) years and also ensure the speedy disposal of cases. Some Registrars and other court officials in Accra were selected to assist the courts to make the programme a success. Please, find on page 15 a report showing the total statistics on the programme held at the th nd Nsawam Prisons on 15 and 22 November, Registrars Summons Exercise To reduce the backlog of cases, three (3) Mass Registrars Summons Exercises were held in all the country's courts for the periods: July, 8-12, 2013 November, 11-15, 2013 March, 25-29, 2014 Over 2,000 civil cases were disposed of. 12

13 COURTS WESTERN REGION CENTRAL REGION GREATER ACCRA REGION SUPREME COURT VOLTA REGION EASTERN REGION ASHANTI REGION BRONG AHAFO REGION NORTHERN REGION UPPER EAST REGION UPPER WEST REGION TOTAL OF INDIVIDUAL COURT TYPE TOTAL OF NORMAL COURTS APPEAL COURTS HIGH COURTS High Court (General) Fast Track 6 6 Land Court Financial Court 2 2 Human Rights Motions Court 2 2 Industtrial & Labour Court 2 2 Commercial Court CIRCUIT COURTS DISTRICT COURTS District Court (General) Juvenile Court 1 1 Family Court Motor Court 1 1 Sanitation Court 2 2 REGIONAL TOTAL TOTAL COURTS

14 COURT NAME OF JUDGE No. OF CASES No. DISCHARGED No. GRANTED BILL No. ADJOURNED No. DISMISSED H/L Justice C. J. 1 Honyenuga (JA) H/L Justice E. K. Ayebi (JA) H/L Justice K. A. 3 Ofori-Atta H/L Justice Abdullah Iddrisu H/L Justice Mustapha 5 Logoh BAIL CONDITIONS REVIEWED H/L Justice J. 6 Ajet-Nasam H/L Justice 7 Ernest Obimpeh TOTAL No. SENTENCED Weekend Courts Two (2) special Utility Weekend (Saturday) Courts st were established in Accra on 1 March, 2014 to try utility cases involving the Electricity Company of Ghana Limited. certain parts of the country. In the Greater Accra Region, the following new courts (see nd Table below) started sitting from Monday, 2 June, One of the courts has the jurisdiction of a Circuit Court and the other one, a District Court. The courts are th located at the 28 February Road Court in Accra. This is in addition to the already existing Weekend Courts in Accra which are the SSNIT and Cable Thefts Courts. Establishment of New Courts In a bid to make justice delivery accessible to the people of Ghana, the Hon. Lady Chief Justice gave approval for the establishment of some courts in 14

15 No. DISTRICT/MUNICIPAL TOWN STATUS 1 Ga West Amasaman Circuit Court 2 Ashaiman Ashaiman 3 Ningo Prampram Prampram 4 Ledzorkuku Krowor EASTERN REGION Teshie / Nungua 5 Ga South Weija Staff Strength Judges and Magistrates - 33 Circuit Court District Court District Court District Court Performance Management System The region commenced the performance management exercise by training a cross-section of Registry Heads on how to set targets. When fully implemented, the performance management system will facilitate improvement in staff performance. Establishment of Court of Appeal, Koforidua A Court of Appeal was inaugurated in Koforidua in October, The court has jurisdiction over the Eastern and some parts of the Volta Region. The objective is to bring appellate justice closer to the door step of the people thereby reducing the cost of access to justice. The court currently operates from the High Court Complex. Establishment of New Courts In the coming years, the Hon. Lady Chief Justice hopes to work on the establishment of New Courts in the following areas: No. DISTRICT/MUNICIPAL TOWN STATUS 1 Suhum Suhum 2 Birim North ASHANTI REGION Staff Strength Judges and Magistrates - 47 Amuana Praso Circuit Court District Court Condition of Courts All the courts in the region are in good condition with the exception of the Konongo District Court which needs some renovation while the Mankranso District Court structure needs a modern facility. The Fomena District Court is still under renovation by the District Assembly. Work is about 60% complete. Establishment of New Courts The Hon. Lady Chief Justice is to establish a cluster of 3 New District Courts in Asokwa in the Kumasi Metropolis. 15

16 Proposed New Courts There are plans to establish new courts in the following places. a. Asokore Mampong Circuit Court is about 80% complete b. Kwaso and Akropong District Courts are about 55% and 40% complete respectively. WESTERN REGION Staff Strength Judges and Magistrates - 28 Monitoring and Evaluation The Monitoring and Evaluation Office has two (2) Officers who educate and supervise proceedings of the Registries. Regional Tour In the period under review, the Supervising High Court Judge toured the courts in the Region to interact with staff and acquaint himself with problems at the courts. The Regional Administrative Officer, also paid similar visits to all the registries in the Region. CENTRAL REGION Staff Strength Judges and Magistrates - 28 Establishment of New Courts A new District Court at Kasoa in the Awutu Senya East nd Municipal was inaugurated on 2 June, VOLTA REGION Staff Strength Judges and Magistrates - 28 Projects One High Court Judge's official residence was renovated. Some District Assemblies also commenced the construction of Court Houses and residential accommodation for Magistrates. Establishment of District Courts Five newly created Districts on different occasions applied for the establishment of District Courts. These are tabulated below: No. DISTRICT LOCATION OF THE PROPOSED COURT 1 Akatsi North Ave-Dakpa 2 Ho West Dzolokpuita 2 Afadjato South Ve-Golokuati 16

17 BRONG AHAFO REGION Staff Strength Judges and Magistrates - 48 Familiarisation Visit The Head of the Regional Administrative Office visited all the courts in the Region to learn at first hand the challenges of the courts and ways to solve them. Staff were also educated on the Conditions-of-Service. other things familiarise themselves with their area of jurisdiction, to know at first hand, the challenges confronting the courts in the region and also create a good rapport between the courts and the various Municipal and District Assemblies. UPPER WEST REGION Staff Strength - 75 Judges and Magistrates - 5 NORTHERN REGION Staff Strength Judges and Magistrates - 14 Establishment of Court of Appeal, Tamale The Tamale Court of Appeal was inaugurated in October, The court has jurisdiction over the three regions of the north. The objective is to bring appellate justice closer to the door step of the people thereby reducing the cost of access to justice. The court currently operates from the High Court Complex. UPPER EAST REGION Staff Strength Judges and Magistrates - 7 Regional Tour The Supervising High Court Judge and the Regional Administrative Officer toured the Region to among 17

18 Departmental Reports 2.1 HUMAN RESOURCE DEPARTMENT Introduction The aim of the Department is to recruit, train, develop and retain the most suitably qualified and competent human resource for the Judicial Service. The Department consists of the following sections:- Human Resource Planning /Training and Development Welfare and Employee Relations Supreme Court Library Judicial Service Clinic Functions of the Human Resource Department: The major functions of the Human Resource Department include the following: Source and select quality staff for the Service and ensure that they are properly oriented on the vision and mission of the Service; Design and implement training and development programmes to enhance staff talents and skills; Design, implement and monitor adherence to Human Resource policies in the areas of Recruitment, Training and Development, Employee Relations, Rewards Management, Performance Management, Human Resource Information Systems and Administrative policies and procedures; Ensure employee motivation, retention and utilization; Undertake regular review of Human Resource policies, administrative systems and procedures to ensure conformity with best practices. Library The Supreme Court Library serves as the resource centre of the Service where Judges and Magistrates, members of the Bar, Law students and staff of the Judicial Service seek information, make references and research. Judicial Service Clinics, Accra and Kumasi These two clinics located in Accra and Kumasi are wholly owned by the Service and managed by the Ussher Clinic in Accra and KMA Clinic in Kumasi respectively. The Clinics are also registered with the National Health Insurance Scheme (NHIS). Staff strength of the Service The Service presently has a staff strength of 5, 319 out of which 368 are Judges and Magistrates. The remaining 4,951 are administrative staff. 18

19 Appointments, Promotions, Retirements and Dismissals During the year under review, the following appointments were made: District Magistrates - 27 Staff Interdiction based on adverse Audit Reports During the year, one (1) employee was interdicted based on an adverse Audit report. The under-listed are the other forms of separation that occurred in the year under review. Termination of Appointment - 13 employees Vacation of Post - 15 employees Interdiction - none Resignation - 6 employees Deaths - 12 employees 2.2 FINANCE DEPARTMENT BUDGET PERFORMANCE FOR 2013 INTRODUCTION The Budget Unit works in conjunction with all the Departments and Units in the Judicial Service to ensure the proper execution of the annual estimates. In the year under review, the Budget Unit continued to improve upon the budgetary system of the Service in terms of timeliness and accuracy, in its bid to ensure prudent financial management within the Service. For the year 2013, the Service submitted GoG estimates of GH 148,997, which was approved by Parliament. The details are as follows: PERFORMANCE OF 2013 GoG BUDGET FROM JANUARY TO DECEMBER 2013 A B C D E F G Description Compensation of Employees Goods and Services Budget GH Approved GH Released GH C-D=E Variance GH Payments Gh D-F=G Variance Gh 96,309, ,309, ,356, (50,047,462.15) 147,832, (1,475,593.03) 24,567, ,567, ,708, , ,777, (69,892.55) Liabilities 2,680, ,680, Assets 25,440, ,440, ,382, ,058, ,124, (1,742,533.03) TOTAL 148,997, ,997, ,447, (10,129,410.96) 159,735, (3,288,018.61) 19

20 PERFORMANCE ANALYSIS 1. Compensation of Employees The increase in compensation of employees was due to the increase in the basic salaries for the Lower Bench (i.e. Circuit Judges and Magistrates) The excess payment of GH 1,475, was financed through 15% Retention of all Non-Tax Revenue (Internally Generated Funds) collected by the Courts. 2. Goods and Services The excess payment of GH 69, was financed through 15% Retention of all Non-Tax Revenue collected by the service and sale of Used Cars (from Car Loan Account) 3. Assets and Liabilities The excess payments were financed through 15% Retention, Donors and proceeds from the sale of Used Official Cars (Car Loan Account). The liabilities arose as a result of some assets (Cars) acquired during the year 2012 which were not paid. They were paid in the year 2013 and these payments caused the increase in the amount spent on assets. CHALLENGES The release of funds from the Ministry of Finance and Economic Planning for the period delayed as has been the case over the years. The Budget Unit applied for the release of funds for human capacity development seminars and training activities for staff of the Service. Funds were subsequently released and credited, but were not utilized for the intended purposes due to administrative bottlenecks, resulting in the funds returning to government chest. Among some of the training and human capacity seminars that could not be undertaken were: 5-day refresher course for 32 officers in Tamale on Budget Preparation i.e. new classification of Programme Based Budgeting. Budgeting and Control Seminar for 3 Staff of the Budget Unit, Accra. 2-day Seminar in Tamale on Land Dispute Adjudication for 30 Judges and Magistrates. 3-day Training of Trainers Seminar for 15 staff of the Administrative Class in Sunyani. 6-day Financial Modelling in Microsoft Excel for 3 staff of Finance and Budget Units in Accra. 5-day Project Management Training in Koforidua for 15 Management Staff made up of Directors, Deputy Directors & Regional Registrars. 3-day Training in Accra for 15 Regional Monitoring & Evaluation Officers on Progress Report Preparation and Validation. Workshop in Kumasi for 20 participants to select Sector Specific Indicators, establish baselines and targets and to produce Monitoring & Evaluation. 20

21 Meeting in Accra for stakeholder analyses and assessment of Monitoring & Evaluation needs and conditions. The request for a vehicle to facilitate the Department's interaction with MDAs such as the Ministry of Finance, National Development Planning Commission, Controller and Accountant General's Department is still yet to receive attention. New Expenditure Classification. At the beginning of 2013, the Ministry of Finance replaced the expenditure classification being operated upon under the MTEF framework as follows: GIFMIS UPDATES 1. ELECTRONIC PAYMENT: This is made through the GIFMIS System. Cheques can now be processed electronically instead of manually under this system to pay suppliers, contractors and settle other obligations that are required of the Service. 2. PAYROLL LINKED TO GIFMIS: The Pay Roll has now been introduced onto the GIFMIS System. With this new development, the Pay Roll can now be processed faster and more efficiently. 3. ELECTRONIC PAYMENT VOUCHER: The GIFMIS system has now enabled the Judicial Service to process its Payment Vouchers electronically. Entries are made onto the system which then generates the Electronic Payment Voucher. The process is faster than the former m a n u a l s y s tem. These developments have enhanced productivity in the Finance Department. 4. ONLINE PAYSLIP: Staff of the Service are now able to access their monthly Pay Slips online even before the hard copies are sent to the Department. Budgeted Approved(a) Actual Expenditure item Estimates Budget Releases(b) Variance(a-b) Compensation of Employees 96,309, ,309, ,356, (50,047,462.15) Goods & Services 24,567, ,567, ,708, ,859, Assets 28,121, ,121, ,382, ,738,

22 FINANCIAL PERFORMANCE During the year under review,a total amount of GH 92,925, was made available to service the courts. The total amount also includes salaries paid by the Controller and Accountant General's Department to the employees of the Judicial Service and SSNIT LOAN to construct the 42-Court Complex LOGISTICS UNIT Introduction The Logistics Unit is tasked with the proper storage of all items that the Judicial Service purchases and provision of resources, services and support required by all Staff and Judges in the performance of their duties. The Unit is also charged with the efficient dispatch and issuance of all outbound items and Statement of Financial Position As at 31st December,2013 Non Current Assets Vehicles ,337, ,337, Current Assets Cash in Hand and at bank Accounts Receivable Total Assets 23,985, , ,666, ,930, , ,410, Non Current Liabilities Trust Funds 5,031, ,733, Current liabilities 808, ,057, NET ASSETS 21,826, ,619, REPRESENTED BY Accumulated Fund (1/1/2012) Net Fund TOTAL FUNDS (31/12/2012) 11,516, ,065, ,309, ,554, ,826, ,619,

23 Statement of Revenue and Expenditure for year Revenue GoG Fund Non-Tax Revenue (IGF) Others TOTAL REVENUE Budget 155,062, ,279, ,341, Actual 156,447, ,952, ,526, ,341, Expenditure Compensation of Employees Goods and Services Assets TOTAL EXPENDITURE 96,309, ,865, ,474, ,976, ,557, ,773, ,341, ,615, Excess Income Over Expenditure 10,309, equipment to the various Depots and Regional Storehouses for safe delivery to the various users and also forecasting all the demands and needs of the Service based on the previous year's usage of stock items and other consumables. The Logistics Unit stores a wide variety of items that are kept in a safe environment to facilitate easy distribution. 23 A new Deputy Head of Logistics was employed in 2013 to assist in the running of the activities of the Unit. In April this year, Management decided that the Transport Unit should report to the Logistics Unit in order to streamline and effectively monitor its activities. In this regard, Management employed three (3) Principal Transport Officers to assist in the efficient management of the Service s fleet of about 500

24 vehicles. One of the officers is responsible for the three regions of the North, another for Central and Western Regions while the third will assist the Transport Officer to oversee Greater-Accra, Eastern and Volta Regions. Building of Additional Depots The Logistics Unit could not establish any new depots as previously envisaged. Our attempts to establish the depots at Cape Coast and Tamale did not materialise because of the general lack of resources confronting the Service. We believe that our financial situation will improve in 2015 to enable us to establish the two depots. In fact, the Head of Logistics and his Deputy, together with the Deputy Director of Works undertook a trip to Cape Coast and Tamale to upgrade plans on the Cape Coast Depot. Receipts For the first time in the Service's history, 29 newly appointed Circuit Judges were given new Toyota Corolla vehicles. The Service still retains a fleet of new vehicles awaiting future appointments. The vehicles are Toyota Corolla (19), Toyota Fortuner (2), Toyota Prado (2) and Toyota Hilux (1). The Service also took delivery of 43 vehicles from the Government of Ghana out of which 28 have since been distributed to 28 newly appointed Magistrates. The Service also received a lot of donor funded items which were sent to specific courts and offices during the period under review. As has always been the case, DANIDA funded a lot of items that the Service procured. The items include one (1) digital photocopier and also various computer consumables for the Reforms and Project Directorate. Five (5) District Courts namely: Ho, Awutu, Agona-Swedru, Nkawkaw and Kenyasi, were also given four (4) computers, a printer and UPS each for the upgrading of the courts. The Service also procured certain items which were also funded by the LAP 2 Project. The items include twenty (20) sets of recording and transcribing systems to selected High Courts in the Western, Central, Volta, Ashanti and Brong-Ahafo Regions. They also paid for five (5) computers, two (2) laptops and three (3) printers for the ADR Department. Some airconditioners were also received for distribution to some courts and offices. On-going Activities The Logistics Unit has procured new application software to improve the efficiency of its operations within the Central Stores in Accra. The old software was quite cumbersome and not user-friendly. The software will be replicated at our Kumasi Depot and the various Regional Stores nationwide. 24

25 2.3 AUDIT DEPARTMENT The Audit Department is an important and integral part of the Service's control mechanism, providing to Management analyses, appraisals, observations and recommendations concerning the activities it reviews. The Internal Audit Agency Act provides under section 16 (1) that each MDA shall have an Internal Audit Unit or Department that shall constitute a part of the MDA. As part of its independent appraisal function, the Department examines and evaluates the financial and operational activities of the various Departments of the Service especially Finance, Courts and Registries, Logistics, Library, Procurement, Estate and Development and Transport Departments as well as the Judicial Reforms and Projects Directorate. The Department is currently headed by a Director with two deputies separately in charge of Audit and Inspectorate duties at the Head office. They report directly to the Chief Justice. The Director also has a supervisory role over the nine (9) Regional Internal Audit Units. It also carries out other special duties including investigations that may be assigned from time to time by the Chief Justice or the Judicial Secretary SCOPE OF WORK This report presents an overview of the activities carried out by the Department during the Legal Year under review. Internal Audit activities covered the following thrust areas: - Restructuring Programme - Court / Registry Audit - Auditing at the Finance Department, Head Office. - Regional Accounts and Stores - Review of HFC Bank Collections System. - Following-up on various Audit Reports. - Timely and accurate pre-auditing of payments. - Verification at Logistics Unit. - Various Special Audit assignments. - Internal Audit Staff Welfare Association activities - Court Case AUDIT RESTRUCTURING EXERCISE This exercise which began in 2012 and was to be extended to the regions could not be fully completed due to financial constraints faced by the Service. Meanwhile, a lot has been achieved in terms of getting the right staffing position and training of staff of the Department [both new and old] at the Head Office and in the regions. The Department at the head office was also provided with three (3) pick-up vehicles and a fax machine to facilitate the movement of Auditors to and from field work and enhance communication with the Regional Offices. 25

26 2.3.3 HEAD OFFICE AUDIT a) COURT / REGISTRY During the year, routine audit assignments at 15 courts within the Greater Accra Region by four (4) different audit teams. Our reports on various findings, observations and recommendations were compiled and submitted to the offices of the Chief Justice and Judicial Secretary for necessary attention. Some of the common findings made included the following: - Delay in updating cash books by some Cashiers, especially High Court, Accra. - Failure by Registrars and Cashiers to prepare periodic (monthly) bank reconciliation statements. - Dilapidated court buildings. - Deplorable courtrooms and offices and defective office equipment. - Differences in collections between Court Cashier and HFC Bank. b) PRE-AUDITING OF PAYMENTS Timely pre-auditing of payment vouchers was also undertaken to ensure that only genuine payments were made by the Finance Department. c) VERICATION OF GOODS RECEIVED INTO STORES Verification exercises at the Logistics Department for goods or items purchased into stores were also carried out on a timely basis during the course of the year under review. d) FINANCE- HEAD OFFICE Some routine audit assignments were carried out on the following accounts and units in the Finance Department and although not all were completed due to some unforeseen circumstances, reports [interim and final] were compiled and submitted to the office of the Chief Justice for attention and necessary action. - Subvention account - Retention account - Non-tax Revenue Unit - Car Loan, Salary Advance and Sale of Used Vehicles Account - Staff Salary Payroll Unit e) COURT CASE Two cases involving two former Eastern Regional Accountants at the Fast Track Division of the High Court is on-going. The Director and Deputy Director of Inspectorate were often in court to give evidence. The total amount involved in the case for which the two Accountants are being tried is GH 263, f) R E V I E W O F H F C B A N K OPERATIONS The review exercise on HFC Bank's operations continued in earnest with the aim of ensuring 26

27 that all court collections are fully accounted for and satisfactorily applied by the bank in accordance with laid down agreement. A number of courts were involved in this exercise. Reports on our findings, observations and some recommendations were submitted for necessary action. The following are some of our findings: - Differences detected between the records of the Court Cashiers and that of the HFC Bank in terms of cash collections. - Absence of bank statements to allow for preparation of monthly bank reconciliation statements. - Inability to trace certain transfers of revenue and deposit collections to designated accounts at Bank of Ghana. - Failure by Bank to comply with the 48- hour transfer rule on revenue collections. - Failure to award credit interest to some of the accounts in spite of huge credit balances which are outstanding. - P a y m e n t o f s o m e J u d g m e n t creditors from wrong account. - Shortages recorded by HFC Bank Cashiers. - Agreement on Deposit accounts with HFC Bank. - Delay in transfers by NIB and HFC Banks INSPECTORATE DUTIES During the period under review, inspectorate duties were concentrated in some few thrust areas as listed below due to financial constraints. Various findings were made and reports forwarded to the office of the Chief Justice for necessary attention. - High Courts, Cape Coast and Swedru - Volta region - District Court, Anyinam - Ashanti, Brong Ahafo region - Judicial Training Institute - Reconciliation of Court Collections by HFC Bank REGIONAL AUDIT OFFICES During the year under review, a total of 207 reports were received from the regional offices in respect of audit assignments carried out at various courts, regional accounts offices and stores. These reports were referred to the office of the Chief Justice and later Audit Report Implementation Committee (ARIC) and appropriate responses sent from the office of the Judicial Secretary to all officers required to respond to sections of the reports. We continue to do follow-ups to ensure that all outstanding adverse findings have been given the needed attention. 27

28 2.4 WORKS DEPARTMENT Introduction The Works Department exercises responsibility for the overall management of the property portfolio of the Judicial Service, to ensure that it is maintained well to serve useful life span, and to provide a conducive work environment for Judges' and Staff in the discharge of their constitutionally mandated responsibility of delivering justice to the citizenry. The management of properties involves providing technical support for new developments from conception through to completion of the project, facilities management, undertaking renovations and refurbishments, maintenance and repair, furnishing and other aspects of property management that may be assigned by senior management as and when the need arises. Achievements The achievements of the Department for the year under review are outlined below. a. The Law Courts Complex The Department continues to provide technical support for the construction of the 42-Courtroom Complex. The Law Courts Complex is 82% completed. The project commenced in October, 2011 and was expected to be completed by September, However, the expected completion date has been revised to February, 2015 by which time the supply and installation of furniture and all ICT related works will have been be duly completed to make the facility fully operational for use. b. Construction of Bungalows for Judges in Accra and Kumasi In 2011, through the visionary leadership of the Hon. Lady Chief Justice, the Department embarked on a programme to redevelop some of the old bungalow sites into modern residential facilities for occupation by Judges. This is a novelty in the history of the Judicial Service. This programme was designed to address the residential accommodation deficit, resulting from supply and demand factors. The project consists of the construction of six (6) 2- storey residential facilities at Ridge for Superior Court Judges, two (2) 5-storey block of Executive Flats for High Court Judges (10 Executive Flats in all) at Roman Ridge-Accra, and four (4) two-storey bungalows in Kumasi, for Justices of the Court of Appeal sitting at the Court of Appeal Complex. In October 2013, three (3) out of the six (6) unit 2- storey bungalows situated at East Ridge, Accra were completed and duly allocated to three (3) Justices of the Court of Appeal. It must be noted however, that since October 2013, the Ministry of Finance has not released funds to contractors working on the project to enable us to complete the remaining three (3) bungalows at Ridge, 28

29 the 10 Executive Flats at Roman Ridge and the four (4) bungalows for Court of Appeal Justices in Kumasi. Work on the project has therefore come to a standstill as the contractors have abandoned the sites. The Department, however, is working closely with Senior Management to resolve the funding issue to enable us complete this project and boost our housing stock. c. The Department in collaboration with the Procurement Unit is to enter into a Framework Agreement for the supply of Air-Conditioners and household items. This move is aimed at reducing the delay between the time an item is requested and when it is actually supplied to beneficiaries. d. The Department provided Technical Support for the successful completion of DANIDA contract works at Obuasi, Assin Fosu, Winneba, Agona Swedru, Asante Mampong and Berekum. e. Maintenance 1. The Department successfully tarred the grounds of the Head Office compound and that of the 28th February Road Courts to improve driving and parking surfaces. 2. An additional office for the Human Resource Department was successfully created out of the space previously occupied by the Library Reading Room. This office is able to accommodate 12 members of Staff. 3. The Department successfully renovated 10 residential bungalows across the country. Proposed Infrastructure Projects The under-listed projects have been proposed to improve and augment the current infrastructure base. These projects have been designed to ensure the efficiency of the justice delivery system. 1. Judicial Training Institute The Service, in conjunction with the Architects Registration Council has successfully organized an architectural design competition to select the best design for this scheme. The first two architectural firms out of the lot are scheduled to make a design presentation to the Judicial Council in September 2014 to settle on the final scheme to be adopted. We expect to complete this process by the end of P u r p o s e - b u i l t R e s i d e n c e f o r t h e Chief Justice A Consultant has been selected through due process to carry out pre-contract works for this project. 3. Proposed Court of Appeal Complex, Cape Coast The Ministry of Finance has issued a Commencement Warrant for pre-contract works to begin. A contract has since been signed with Messrs Plan Architects, Consultants for the project for pre-contract works to commence. 4. Other Proposed Projects The Service is presently seeking funding for the construction of the following projects namely: 29

30 i. Family Justice Court Complex to be situated at East Ridge, Accra. ii. Tema Court Complex Challenges a. The main challenge of the Department continues to be delays in the release of funds for GOG projects resulting in extended project life spans and project cost overrun. b. Delays in the release of funds for maintenance works have continued to affect our timely response to requests from Judges' and Staff. However, the Department is working closely with Senior Management and the Finance Department to overcome these difficulties through outsourcing of the specialised maintenance works. 2.5 ICT DEPARTMENT Introduction The ICT Department during the year under review continued to perform its functions directed at ensuring that the courts and office automation agenda are pursued vigorously. To this end, the following new activities were carried out. HFC/JS Cash Collection Computerisation Project Courts in the Head Office and its environs have since January 2014 been migrated onto an automated platform on a pilot basis. This platform has the primary objective of shifting the cash collection activities from a predominantly manual format to a fully automated one, thus providing the Service with an efficient cash collection system. With the successful implementation of this pilot project, attention has moved to the courts in Tema and outlying areas, to be followed later by Kumasi and Takoradi. Integrated Payroll And Personnel Database Project (IPPD Project) The Department was actively involved in the setting up of the Secretariat for the IPPD project. The support comprised equipping the Secretariat, provision of internet services, technical training and on-going technical assistance. This project is intended to provide a real-time electronic platform for the management of the Service's payroll activities. The Law Court Complex The Department was a major player in the design of all ICT related services and products for the newly constructed Law Court complex. All pre-tender activities have been concluded. 2.6 COMMUNCATIONS DEPARTMENT The Communications Department exists to satisfy the growing demand for effective and efficient communication between the Judicial Service and its publics. The objective of the Department is to act as the interface between the Service and its publics and also liaise with Management and Staff to ensure the effective and timely dissemination of information. 30