JURY SHOCK: Retired Supreme Court Justice Philip Bright Mensah Says Ghana’s Jury System Has “Outlived Its Usefulness”

Justice Philip Bright Mensah has delivered a blunt assessment of Ghana’s jury system, saying he believes it has “outlived its usefulness”.

In a revealing conversation with Kafui Dey, the retired Supreme Court Justice questioned the way jurors are selected and recalled encountering people who appeared repeatedly on jury lists.

“I did say it at my vetting that the jury system that we are practising here has outlived its usefulness,” Justice Mensah said.

He pointed to other Commonwealth countries where the traditional jury system has been abolished and suggested Ghana should consider doing the same.

His concern was not simply about the existence of juries but how some jurors were selected.

Justice Mensah recalled his experience at the High Court, saying some people appeared to have become what he described as “professional jurors”.

“They have been on the jury list for about six or seven years,” he said.

According to him, this should not happen because jurors are expected to serve for a defined period before leaving the system.

He said the same people could nevertheless appear repeatedly.

The concern, he explained, is significant because jurors can play a decisive role in criminal trials.

“If they want to be silly, they can go behind you and do all sorts of things,” he said.

Justice Mensah described a situation where a judge could believe the evidence clearly points to guilt, yet a jury could return a not-guilty verdict.

His comments raise fundamental questions about the reliability and independence of Ghana’s jury system.

For a judge, the challenge is particularly difficult because the court is bound by the verdict of the jury in matters where the jury has the deciding role.

Justice Mensah’s criticism therefore goes beyond a procedural complaint.

It is a challenge to a system he believes may no longer adequately serve modern Ghana’s justice system.

His proposed alternative is a system involving assessors with legal training — a reform he has previously advocated.

After more than two decades as a judge, including service at the High Court and Court of Appeal before his brief tenure on the Supreme Court, Justice Mensah’s assessment carries the weight of personal courtroom experience.