Justice Yonny Kulendi reveals how some lawyers abuse appeals process, wants review of Supreme Court Jurisdiction

A Justice of the Supreme Court, Emmanuel Yonny Kulendi, has expressed concern over what he describes as the abuse of Ghana’s appeals process by some lawyers, warning that the practice is placing an unnecessary burden on the Supreme Court and contributing to its growing caseload.

Speaking on the Citi Breakfast Show on Wednesday, July 8, 2026, Justice Kulendi said some legal practitioners repeatedly file fresh applications after cases have already been determined, enabling the same disputes to return to the apex court and prolonging litigation.

According to him, this pattern of conduct stems from ethical shortcomings within parts of the legal profession.

“Because of the character flaw, the ethical flaws that are there in some lawyers, they can hold trials, go up to the Supreme Court, come back, start a new process within a week or two, they are back before the Supreme Court,” he said.

Justice Kulendi argued that the recurring abuse of the appellate process underscores the need for Ghana to reassess the types of cases that can be appealed to the Supreme Court.

He suggested that the country could draw lessons from more advanced jurisdictions, where supreme courts are limited to hearing only a narrow range of cases, particularly those involving constitutional interpretation or issues of significant national importance.

“We should pick up lessons from advanced jurisdictions where the scope of matters determined by the Supreme Court is so narrow that it does not admit some of these excesses,” he stated.

He explained that restricting the court’s jurisdiction would allow it to concentrate on cases of greater constitutional importance while improving the overall efficiency of the judicial system.

Justice Kulendi pointed to election petition cases, which terminate at the Court of Appeal, as an example of how limiting appeals in certain categories of cases could help reduce the workload of the Supreme Court.

While advocating reforms, he acknowledged that the existing jurisdiction of the Supreme Court reflects the intentions of the framers of Ghana’s 1992 Constitution.

“Given our journey from independence, the terms of the current Constitution are what the framers of the Constitution thought would work for us,” he said.

However, he stressed that constitutional provisions should not be regarded as immutable and should be reviewed periodically to ensure they continue to meet the evolving needs of the country.

“Are there problems with the scope? Yes. Do we need to rethink whatever we are doing? You must keep evaluating it from time to time and trying to make it better,” Justice Kulendi added.