Ensure Justice Prevails in the Face of Cybercrimes – Judges Urged

General


Accra: Justice Tanko Amadu, a Supreme Court Judge, has called on judges to ensure that justice is served in cases of cybercrimes to deter online fraud and scams. Justice Amadu, who also serves as the Director of the Judicial Training Institute, emphasized the need for judges to continually learn and uphold their responsibilities to protect citizens who work hard to earn their livelihood.



According to Ghana News Agency, Justice Amadu made these remarks at a symposium focused on Cybercrime and Electronic Evidence for the Ghanaian and Nigerian Judiciary, held in Accra. This event, the third in its series, aims to enhance the collective capability of judges and judicial officers from Ghana and Nigeria in addressing cybercrime. Organized by the Commonwealth Secretariat Cyber Unit in collaboration with Ghana’s Judicial Training Institute and Nigeria’s Ministry of Justice, the symposium is part of the capacity-building projects under the Commonwealth Cyber Declaration.



The symposium is intended to develop the skills necessary for investigating, prosecuting, and adjudicating cybercrime cases across Commonwealth member countries. Since its inception in 2018, the Commonwealth Secretariat’s Cyber Unit has trained about 1,000 law enforcement officers, prosecutors, and judicial officers from 55 Commonwealth countries on issues related to cybercrimes and electronic evidence.



Justice Amadu highlighted that cybercrimes not only result in direct financial losses but also erode public trust in the digital economy and online services. He noted that cybercrime discourages the use of e-banking and e-commerce due to fears of scams, thereby hindering the growth of digital economies. Additionally, such crimes can cause significant reputational damage to countries.



He pointed out that Nigeria has been frequently identified as a major source of global scams, ranging from the notorious ‘419’ advance fee frauds to modern phishing and Business Email Compromise (BEC) schemes. Similarly, Ghana has witnessed the rise of ‘sakawa’ or online fraud groups. Justice Amadu warned that if these issues are not addressed, they could tarnish global reputations and deter foreign investments.



Justice Amadu acknowledged that both Ghana and Nigeria have made considerable efforts to enhance their legal, institutional, and operational frameworks for combating cybercrime, including updating legislation in line with global standards. He stressed that courts have the duty to manage electronic evidence properly, such as logs, emails, metadata, and forensic reports, ensuring that chain-of-custody standards are maintained and potential tampering is understood.



He urged judges to interpret laws in ways that adapt to technological advancements, which may require creative readings of statutes for novel situations like cryptocurrency theft or cross-border cyber-attacks, and openness to expert testimony. The judiciary, he added, must bridge technical complexity and legal standards to ensure evidence is accurately understood and applied.



Justice Amadu concluded by emphasizing that while imposing deterrent sentences, the judiciary must uphold due process, protect privacy rights, and avoid wrongful convictions based on unreliable or misunderstood digital evidence. Judicial remarks, he suggested, could also promote preventive policies, such as education and alternative career paths for tech-savvy youth.



The Cyber Security Authority (CSA) reported a significant increase in online fraud and scams targeting Ghanaians. In 2023, over GHC3.56 million (approximately $300,000) was lost to online shopping and romance scams in Ghana. By early 2025, the rate of cyber fraud accelerated further, with Ghana recording GHC4.4 million in losses to online fraud and 350 reported cases in the first quarter of 2025.