A). Lower Courts of Ghana 

The lower courts, also referred to as inferior courts, are established under Article 126(1)(b) of the 1992 Constitution of Ghana and detailed in the Courts Act, 1993 (Act 459), as amended. These courts handle the majority of initial civil and criminal matters, promoting efficient conflict resolution by dealing with cases at a local level, which is crucial for banking operations where quick adjudication of small disputes (e.g., loan recoveries or cheque fraud) avoids escalation, reducing costs and publicity as emphasized in quasi-judicial considerations. In practice, during the 2017-2019 banking sector cleanup, lower courts were instrumental in handling minor claims against collapsed banks like Capital Bank, allowing BoG to focus on systemic issues under Act 930.

The lower courts include:

• Circuit Courts: These have both civil and criminal jurisdiction, handling more serious matters than district courts but below the high court level. They are distributed across circuits for accessibility.
• District Courts: Formerly known as magistrate courts, these handle minor civil and criminal cases, including summary trials. They are the entry point for most disputes and can be Grade A or B based on jurisdiction limits.
• Other Tribunals and Specialized Courts: Parliament may establish additional lower courts, such as Juvenile Courts (for matters involving persons under 18), Family Tribunals (for domestic issues), and other ad hoc tribunals. These operate under specific laws like the Juvenile Justice Act, 2003 (Act 653), and support specialized resolution, e.g., in succession disputes affecting bank accounts.

In banking contexts, like at Ecobank Ghana, staff advise customers on initiating actions in lower courts for efficiency, aligning with BoG’s Corporate Governance Directive 2018 to minimize legal risks and enhance ethical practices. Comparisons to global systems, such as Barclays’ use of magistrates’ courts in the UK for small claims, highlight the importance of these courts for profitability through swift recoveries.                                                                                                                                                                                                                                                                                                                                                                                                                           B)

Civil Jurisdiction of the Circuit Court 

The civil jurisdiction of the Circuit Court is outlined in Section 42 of the Courts Act, 1993 (Act 459), as amended by the Courts (Amendment) Regulations, 2014 (L.I. 2211), which set monetary limits to GH¢50,000 for various claims. This jurisdiction enables banks to pursue mid-level recoveries without High Court involvement, ensuring compliance with BoG’s Liquidity Risk Management Guidelines by accelerating asset realization, especially post-DDEP in 2023-2024 where circuit courts handled restructured debt disputes efficiently.

The civil jurisdiction constitutes:

• Original Jurisdiction in Personal Actions: In civil matters arising under contract, tort, or recovery of liquidated claims where the amount does not exceed GH¢50,000. For example, a bank like Stanbic Bank Ghana might sue for unpaid overdrafts in this court, avoiding higher fees.
• Land-Related Matters: In causes involving ownership, possession, occupation, or title to land where the value does not exceed GH¢50,000. This is practical for enforcing equitable charges on smaller properties used as security under the Borrowers and Lenders Act, 2020 (Act 1052), though retroactively applicable in principles.
• Guardianship and Infant Welfare: Authority to appoint guardians for minors and issue orders for their maintenance and welfare, relevant in banking for trust accounts or succession involving minors’ funds.
• Matrimonial Causes: Handling dissolution, nullity, and separation in marriages under the Matrimonial Causes Act, 1971 (Act 367), including property division affecting joint bank accounts.
• Succession and Probate: Matters relating to succession to deceased persons’ property where the estate value does not exceed GH¢50,000, including granting probate or letters of administration. This integrates with PNDC Law 111, aiding banks in releasing funds ethically.
• Appellate Jurisdiction: Hearing appeals from District Court judgments within the same circuit, providing a check for fairness in banking disputes.
• Concurrent Jurisdiction with High Court: In custody matters for children under 18, ensuring family-related banking issues (e.g., access to savings) are resolved promptly.

In day-to-day operations, such as during Access Bank Ghana’s recapitalization efforts, leveraging circuit courts for these jurisdictions minimizes delays, supports Basel II/III operational risks, and fosters resilience in digital banking trends by resolving fintech outsourcing disputes under Act 987 quickly.