When justice is delivered but not understood: Is legal language still a barrier to justice in Ghana

Imagine a market woman in Accra appearing before a court over a tenancy dispute. She listens as lawyers present their arguments and the judge delivers a ruling. Although she understands some English, the legal expressions leave her confused.

Outside the courtroom, she asks a relative, “So, have I won or lost the case?”

This hypothetical situation raises an important question: **Can people fully appreciate the justice delivered to them when they do not understand the proceedings or the implications of judicial decisions?*

Justice involves more than interpreting laws and delivering judgements. It also requires communication that enables citizens to understand their rights and responsibilities.

Ghana's legal system recognises this through constitutional provisions, procedural safeguards and lawyers' professional obligations. The concern is whether these protections consistently achieve their intended purpose.

When Legal Language Becomes a Barrier

Every profession has its specialised vocabulary. Lawyers and judges use technical expressions to ensure precision in legal interpretation.

However, terms such as *affidavit, interlocutory injunction, locus standi* and *adjournment* may be unfamiliar to people without legal training.

Consider a trader informed that an injunction has been granted against her business activities. Without an explanation, she may not understand the restrictions imposed or the consequences of disobeying the order.

The difficulty is not necessarily the terminology but whether its implications are explained.

Garner (2013) advocates clear and precise legal writing. Although certain legal expressions cannot be simplified without altering their meaning, legal accuracy should not prevent effective communication.

The Lawyer's Duty to Explain

Lawyers have an important responsibility in addressing this challenge.

Beyond representing clients in court, they have professional duties to advise, inform and explain legal matters to those they represent.

Clients should understand the nature of their cases, available legal options, court procedures and possible consequences of decisions taken during litigation.

For example, when a case is adjourned, the lawyer should explain what the adjournment means and what the client must do before the next hearing.

After judgement, the lawyer should explain the ruling, its implications and any available legal remedies.

Effective representation, therefore, goes beyond presenting arguments before a judge. It includes helping clients make informed decisions.

However, not everyone appearing before a court has legal representation. Clear communication by court officials and access to legal assistance are equally important.

Ghana's Existing Legal Safeguards

It would be inaccurate to suggest that Ghana's justice system has overlooked the relationship between language and justice.

The 1992 Constitution provides important protections.

Article 19(2)(d) requires that a person charged with a criminal offence be informed of its nature in a language the person understands.

Article 19(2)(h) also guarantees an interpreter, without payment, where an accused person cannot understand the language used at trial (Republic of Ghana, 1992).

These provisions recognise understanding as an essential component of a fair criminal trial.

Procedural rules and lawyers' professional obligations provide further safeguards.

Nevertheless, Ghana's multilingual environment makes accurate interpretation particularly important. Court interpreters must communicate intended meanings faithfully, especially where idioms, proverbs and culturally specific expressions are involved.

Listening Is Part of Justice

Effective communication also requires attentive listening.

A witness may hesitate because of nervousness or difficulty understanding a question. Such hesitation should not automatically suggest dishonesty.

Similarly, litigants who feel ignored may lose confidence in judicial proceedings.

Tyler (2006) explains that perceptions of procedural fairness influence people's acceptance of legal authority. Respectful treatment and opportunities to be heard strengthen public confidence.

This does not mean judges must accept every account. Questioning, cross-examination and judicial scrutiny remain necessary, but should be conducted fairly and respectfully.

Strengthening Existing Protections

Improving communication does not necessarily require entirely new laws. It also requires effective implementation of existing safeguards.

Lawyers must explain legal procedures and decisions to their clients. Court officials should communicate clearly, while interpreters must demonstrate competence and impartiality.

Public legal education through radio, television and community programmes can help citizens understand their rights and basic court procedures.

Citizens should also seek clarification rather than rely on rumours or incomplete accounts of judicial decisions.

Importantly, effective communication does not guarantee a favourable judgement. A party may understand a ruling and still disagree with it. Justice must remain grounded in law and evidence.

Nevertheless, people should understand what the court has decided and what the decision means for them.

Justice Must Also Be Understood

Ghana's justice system already provides safeguards for fair proceedings, while lawyers have responsibilities to keep their clients informed.

The challenge is ensuring that these responsibilities are consistently fulfilled.

Legal accuracy, procedural fairness and effective communication must complement one another.

**Justice must not only be delivered according to law; its meaning and implications must also be communicated to those whose lives it affects.**

When citizens leave the courtroom uncertain about what has been decided, the question is not necessarily whether justice has been denied, but whether justice has been adequately explained.

References

Garner, B. A. (2013). *Legal writing in plain English: A text with exercises* (2nd ed.). University of Chicago Press.

Republic of Ghana. (1992). *Constitution of the Republic of Ghana, 1992*. Article 19(2)(d) and (h).

Tyler, T. R. (2006). *Why people obey the law*. Princeton University Press.

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