The doctrine of judicial precedent in terms of the hierarchy of Courts.

Judicial precedent is based on the principle of stare Decisis: The doctrine of judicial precedent states that a previous judicial decision is binding on a judge who tries later cases in a lower court.

Judicial precedent is a result of case law, in that the decision of the Superior Courts are binding on the relatively lower courts.

Judicial Precedent, a feature of the common law tradition, has a binding nature of the Higher Court’s decision over the relatively lower courts.

For the doctrine of Judicial Precedent to be effective, there must be a settled hierarchy of courts and a system of law reports. It, therefore, means that the doctrine of Judicial Precedent depends on the hierarchy of Courts as follows:

• Supreme Court is not bound to follow the decisions of any other court (Article 129 (2) of the 1992 Constitution). While treating its own decision as normally binding, the Supreme Court may depart from a previous decision, when it appears to it right to do so. All other courts are, however, bound to follow the decision of the Supreme Court on a question of law. (Article 129 (9)).
• The Supreme Court may vary or overturn its own earlier decision upon application for a Review (Article 133(1)).
• Court of Appeal is bound by the decisions of the Supreme Court and its own decision. It cannot depart, vary, or overturn its own decisions as the Supreme can do. Its decision is binding on all courts below it (High Court, Circuit Court, Administrative Court, and Tribunals).
• High Court: It is bound by the decision of the Supreme Court and the Court of Appeal but not bound by its own decision. There is one High Court which sits at different locations (towns) in Ghana. The decision of one High Court does not bind another High Court because both have co-ordinate jurisdiction. Decisions of the High Courts bind all courts below it.
• Decisions of the lower Courts (Circuit and District Court), have no binding effect. They have persuasive effect, in that, the force of the judgment may influence (persuade) even a High Court to adopt it.
• The decision of a foreign Court falls into the same category; they have no binding force in Ghana, its force and suitability may persuade a superior Court in Ghana to apply it, with necessary adaptations.
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