Judicial impunity: Lower court defies higher court’s decision, sparking outrage

In a shocking display of judicial impunity, a lower court in Ghana has brazenly overridden a higher court’s decision, raising serious questions about the integrity of the country’s judicial system.

The incident centers on a custody battle over a five-year-old child, with the District Court (Family Division) in Accra issuing conflicting orders that directly contradict those of the Circuit Court.

Reports indicate that Judge Dora Inkumsah Eshun of the Circuit Court had issued protective orders in favour of Karen Sam, the child’s mother.

However, Judge Bernice Mensimah Ackon of the District Court (Family Division) disregarded these orders and issued her own conflicting directives.

This blatant disregard for the rule of law and the hierarchical structure of Ghana’s courts has ignited widespread public outrage.

The consequences of Judge Ackon’s actions were severe.

On January 14, 2025, Kwadwo Adjei, the child’s father, leveraged the conflicting orders to justify a violent invasion of Karen Sam’s residence.

Adjei, accompanied by over ten policemen, plain-clothed security personnel, thugs, and bloggers, forcibly entered the residence, holding everyone hostage for over four hours.

The traumatic ordeal has left Karen Sam, her family, and friends deeply shaken.

Legal experts argue that Judge Ackon’s actions exemplify judicial impunity, where lower courts defy the authority of higher courts.

Such incidents erode public confidence in the judiciary, create confusion in law enforcement, and undermine the rule of law.

Stakeholders in the justice delivery system are urged to recognize the importance of respecting the hierarchical structure of Ghana’s courts and to address any perceived errors or grievances through appropriate appellate mechanisms.