Majority Chief Whip, Rockson-Nelson Dafeamekpor, has defended the government's proposed tribunal bills, insisting they are aimed at improving the efficiency of Ghana's justice deli
The report indicates that majority Chief Whip, Rockson-Nelson Dafeamekpor, has defended the government’s proposed tribunal bills, insisting they are aimed at improving the efficiency of Ghana’s justice delivery system rather than reviving the tribunals associated with the Provisional National Defence Council (PNDC) era.
It further notes that speaking on PM Express on JoyNews on Monday, July 13, Mr Dafeamekpor acknowledged that concerns about tribunals remain deeply rooted but argued that the system has evolved significantly over the years through legal reforms and judicial decisions.
“This perceived apprehension about the tribunal system is quite deeply rooted. But it’s been dealt with by text writers, by judicial decisions, by the reforms that we’ve seen over the years.”
According to him, the tribunal system established under PNDC Law 78 differed substantially from the tribunal structure that operated under the Fourth Republic until reforms were introduced in 2002.
“Indeed, the nature, character, and structure of the tribunal systems that existed under PNDC, established by PNDC Law, I believe PNDC Law 78 at the time, were markedly different from the tribunal system that were until 2002, I should say, especially of the lower courts that were part of our judicial system.”
He explained that the tribunals largely mirrored the functions and structure of the regular courts, with the principal distinction being the inclusion of members of the public in the administration of justice.
“The only difference was we infused the participation of the public, of the people.”
Dafeamekpor stated that philosophy was rooted in the Constitution, which declares that justice emanates from the people.
“The preamble to our Constitution is that justice emanates from the people. So there was this philosophy that some aspects of our judicial justice and delivery administration should include the participation of the generality of the people. And we still do.”
Drawing comparisons with the jury system, he argued that public participation in criminal trials is already a feature of Ghana’s judicial process.
“So even at the High Court, when somebody commits some of the serious offences, the court is empanelled by… the jury has to be empanelled. So the jury system was essentially with people selected from the public to come and listen to the evidence and the facts and assist the presiding judge to deliver justice in the matter.”
He explained that under the tribunal system, a legally qualified chairperson sits with two members of the public who may not necessarily be lawyers to hear cases and deliver decisions, while dissatisfied parties retain the right to appeal.
Tracing the history of the tribunal system, Dafeamekpor stated that after the Fourth Republic began in January 1993, Parliament amended the Courts Act to expand the jurisdiction of community tribunals and circuit courts.
He noted that a second major reform came in 2002 when then Attorney-General Nana Akufo-Addo introduced amendments to the Courts Act that abolished community and circuit tribunals within the lower court structure and replaced them with district courts, circuit courts and family courts.
