Issue only one Form 6 when transmitting record to appellate court — Supreme Court clarifies procedure

The Supreme Court has issued a decisive procedural clarification directing that only one Form 6 may be issued upon the transmission of a record of appeal to an appellate court, effectively tightening compliance expectations within Ghana’s judicial process.

This directive came in a ruling delivered on 17 February 2026 in the case of Thomas Odei Boafo v. The Judicial Service & Another, which has now been formally circulated to all Registrars of Courts by the Office of the Judicial Secretary.

The Court, constituted by Justices Pwamang, Kulendi, Gaewu, Kwofie, and Amaleboba, addressed a procedural irregularity involving the issuance of multiple Form 6 documents within the same appellate process. In its ruling, the Court held unequivocally that once a record of appeal has been transmitted, the issuance of a second Form 6 is impermissible.

In a key pronouncement, the court emphasized that even where a record is returned to a lower court for rectification, its subsequent retransmission does not require a fresh Form 6. Any such additional issuance was described as wrongful and liable to be set aside.

Applying this principle to the case at hand, the Court nullified a second Form 6 that had been issued improperly. It further identified consequential procedural defects, including the late filing of a Statement of Case, which was also set aside for non-compliance with timelines anchored to the original Form 6.

While the Court declined to set aside the Notice of Appeal on the grounds argued by the applicant, it partially granted the application by correcting the procedural missteps and reinforcing adherence to established appellate protocols.