Justice Now For The Rich... Legal Fees Rise Astronomically

An increasing rise in the cost of accessing justice in the country is fast becoming a major disincentive for many Ghanaians who may wish to seek legal redress at the law courts.

Fees paid to the court when filing a case and the cost of hiring the services of a lawyer to pursue a case in court have all risen astronomically to the extent that seeking justice at the court has now become something only the rich can afford.

It is feared that if the situation is not immediately addressed, it could deny many ordinary Ghanaians access to justice and lead many others to resort to alternative means (both illegal and primitive) in seeking justice.

Weekend Finder gathered that in most cases where lawyers were even willing to defend a client pro-bono at the court, the clients were unable to raise the amount needed to file the case in court.

For example, notices of appeal and appearance at the court have each been reviewed from GH¢25 to GH¢100, among many others.

Filing a petition to challenge a public election has also been reviewed from GH¢500 to GH¢5,000.

These fees are just but the least of costs an individual seeking justice at the court is expected to bear before the case begins; the real cost of litigation are in the  following details.

If for any reason a spouse wishes to file for a divorce at the court, the approved legal fees adopted by the Ghana Bar Association in 2015 to be charged by a lawyer as legal service range from a minimum of GH¢15,000 to a maximum of GH¢45,000. This amount is exclusive of court charges.

When property accrued over the period of the marriage is also in contention, the spouse is expected to pay 10%-20% of the property in question as estate duty. 

In a criminal trial, a bail application attracts a minimum fee of GH¢2,500 and a maximum of GH¢15,000.

Misdemeanour attracts a fee of a minimum of GH¢15,000 and a maximum of GH¢30,000.

In a felony trial, the approved legal fee a lawyer is expected to charge ranges from a minimum of GH¢30,000 to a maximum of GH¢60,000.

Litigation over a parcel of land attracts a filing fee of a minimum of GH¢300 and 10%-20% of the value of the land.

An indictable trial, that is cases that include murder, piracy, treason, etc, attracts a minimum fee of between GH¢20,000 and GH¢150,000.

Human rights lawyer, Lawyer Francis Xavier Sosu says “the judiciary is toying with the popular will of the people.”

He explained that access to legal redress at the law court is a constitutional requirement for every citizen of the country and enshrined in the 1992 Constitution. In effect, both the rich and poor have the right to be heard in court. 

He lamented that many victims of injustice who come to him for legal help are unable to pay for fees at the court even when he is willing to follow the case for free.

“People walk in and out of my office because they cannot pay the fees to file their cases in court.”

The development is denying many ordinary Ghanaians access to justice, and that, he said, could spell dire consequences for the country.

He said when people are unable to access justice and redress through the court, they may resort to alternative means to seek justice.

He said the numerous incidents of gang rape, contract killings and murders without trace of the perpetrators could be traced to cases of aggrieved people who are unable to foot the bill for seeking justice in the law court.