Abstract
This article critically examines the express exclusion of contempt jurisdiction from Ghana’s
lower courts—namely Circuit and Magistrate Courts and its implications for judicial authority,
constitutionalism, and access to justice. While these courts are empowered to determine
serious civil and criminal matters, they lack the authority to punish acts that obstruct or
undermine their proceedings. This paradox raises critical questions about the consistency and
coherence of Ghana’s judicial framework. Drawing on constitutional provisions, statutory
analysis, and case law, the article explores whether the current limitation aligns with principles
of judicial independence, fairness, and public accountability. It argues that the absence of
contempt powers in lower courts weakens their ability to enforce compliance, diminishes their
institutional dignity, and risks eroding public confidence in the judiciary. The article advocates
for legal and policy reforms, such as amending the Courts Act or enacting a Contempt of Court
Act, to empower lower courts with contempt powers, subject to safeguards and superior court
oversight. It concludes that without reform, the lower court’s role in delivering justice at the
grassroots level remains compromised, and justice, though dispensed, will not be seen to be
done. A robust, respectful, and accessible legal system demands that all courts command
compliance and respect