Justice Tanko Amadu, a Supreme Court Judge, has asked Judges to ensure that justice prevailed in the face of cybercrimes to deter online fraud and scams.
Justice Amadu, also the Director of the Judicial Training Institute, tasked the judges to continually learn and play their role with honour to protect citizens who toil to earn their upkeep.
Justice Amadu said this at a symposium on Cybercrime and Electronic Evidence for Ghanaian and Nigerian Judiciary held in Accra.
The symposium, the third in series, is held for judges and judicial officers from Ghana and Nigeria to strengthen collective capacity in tackling cybercrime.
It is organised by the Commonwealth Secretariat Cyber Unit, in conjunction with Ghana’s Judicial Training Institute (JTI) and the Ministry of Justice of the Federal Republic of Nigeria.
It forms part of capacity building projects under the Commonwealth Cyber Declaration.
The symposium seeks to build the skills needed to investigate, prosecute, and adjudicate cybercrime cases across member countries.
The Commonwealth Secretariat’s Cyber Unit, since its establishment in 2018, has trained about 1,000 law enforcement officers, prosecutors and judicial officers from 55 Commonwealth countries on cybercrimes and electronic evidence matters.
Justice Amadu noted that cybercrimes extended beyond direct financial loss, undermining public trust in digital economy and online services.
Cybercrime also discouraged people from using e-banking or e-commerce for fear of being scammed, thereby slowing the growth of digital economies.
“Moreover, such crime can inflict serious reputational damage on our countries,” he said.
Unfortunately, Nigeria had long been cited as a major source of certain global scams (from the notorious “419” advance fee frauds to modern phishing and BEC rings) while Ghana has seen an emergence of so-called “sakawa” or online fraud groups, Justice Amadu said.
“If care is not taken, this notoriety can tarnish our global reputation and deter foreign investments,” he added.
Justice Amadu said both Ghana and Nigeria had taken significant steps to strengthen their legal, institutional, and operational frameworks for fighting cybercrime.
That included enacting and updating Legislation in accordance with global standards.
He said the courts had the responsibility of ensuring proper handling of electronic evidence including logs, emails, meta data, and forensic reports.
“Judges must insist on chain-of-custody standards, understand the potential for tampering and continually update their knowledge of emerging technologies to make a sound admissibility decisions.”
Additionally, he said: “Judges must interpret the law in ways that adapt to technological changes. This may require purposive readings of statutes for novel situations, such as cryptocurrency theft or cross boarder cyber-attacks, and openness to experts’ testimony.”
Furthermore, the court ought to act as a bridge between technical complexity and legal standards, ensuring that evidence was understood and applied correctly.
The Supreme Court Judge said the Judiciary must also take a balanced approach such that while imposing deterrent sentence, judges would uphold due process, protect privacy rights and avoid wrongful conviction based on unreliable or misunderstood digital evidence.
“Judicial remarks can also serve as a tool to encourage preventive policies, such as education and alternative career paths for tech-savvy youth.”
The Cyber Security Authority (CSA) has reported a sharp rise in online fraud and scams targeting Ghanaians.
In 2023 alone, over GHC3.56 million (approximately $300,000) was lost to online shopping and romance scam in Ghana.
By early 2025, the rate of cyber fraud accelerated further and in the first quarter of 2025, Ghana recorded GHC4.4 million in losses to online fraud with 350 reported cases in three months.
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