Title:
The Rules of Natural Justice in the Justice Delivery System in Ghana: Successes and Failures

Authors:
Dr. Samuel Osei Attakora*, Dr. Ogochukwu C. Nweke, Ghana

Abstract:

The principles of natural justice are enshrined in the 1992 constitution under Articles 11 and 126 to ensure equitable and just decision-making, primarily in judicial and administrative decisions. However, there is a gap in the literature on how these principles manifest in practice. The study, therefore, sought to explore how the rules of natural justice manifest in the justice delivery system in Ghana by identifying its successes and failures. The study adopted the qualitative research approach and the case study design. 16 respondents participated in the study and were selected through a purposive sampling technique. The study used a semi-structured interview guide to gather data from the participants through a face-to-face interview. The thematic analysis revealed success factors of the rules of natural justice in the justice delivery system in Ghana, identified in this study, include legal acknowledgment and constitutional assurance, adherence in formal court hearings, independent bodies such as CHRAJ, and increased sensitization and legal advocacy. The study identified some areas where the justice delivery system in Ghana fails to enhance the principles or rules of natural justice. Some of the factors that impede the effective manifestation of natural justice include judicial corruption and bias complaints, procedural delays and case backlogs, inequalities of access and resources, political interference and executive influence, and weak enforcement of administrative justice. This study provides compelling evidence of the success and failure of the operation of natural justice in Ghana's administrative and legal systems. The findings have important policy, practice, and law reform implications.

DOI: https://doi.org/10.51505/IJEBMR.2025.91112