The recent discussions surrounding the reintroduction of regional tribunals have sparked diverse opinions within Ghana’s legal and political landscapes amid Key legal experts who have largely opposed the move.
The arguments highlight the historical, constitutional, and practical implications of reinstating such tribunals, suggesting that they may be outdated and unnecessary in the current judicial framework.
The Former Deputy Attorney General Mr. Alfred Tuah Yeboah Esq. viewed the reintroduction of tribunals as an outdated concept. He stated;
“They are not needed at this time. It is true that in our constitution there are provisions dealing with the threat of regional tribunals. This is also true that in our court’s Acts, there are provisions dealing with regional tribunals.”
Mr. Alfred Tuah Yeboah Esq. Former Attorney General
However, Mr. Yeboah argued that the only regime that actively utilized the tribunals was during a period considered problematic. He pointed out that from 1993 to date, the only regime that used regional tribunals was President Rawlings’ Regime.
“If listeners will remember, in 2010, the late President Professor Mills established a commission to review the constitution. In the wisdom of the commissioners, they made some recommendations. In the wisdom of the then president, now the president of Ghana, President Mahama, a white paper was issued. In that white paper, the government accepted that region’s tribunal should have no space in our judicial system and that the constitution should be amended to take it from our statutory books.”
Mr. Alfred Tuah Yeboah Esq. Former Attorney General
Mr. Yeboah also highlighted the ongoing constitutional stance on the tribunals, questioning the necessity of its reintroduction;
“As we speak, it’s still part of our constitution. But in 2010, the same party [Vice] president now being the president then issued a white paper saying that it should not be part of our constitution and that is one of the provisions that you need to amend. So why are you trying to bring it back now to spend taxpayers’ money on setting up such courts?”
Mr. Alfred Tuah Yeboah Esq. Former Attorney General
Historical, Moral Concerns and Kweku Ansah-Asare’s Perspective
Moreover, the Former Director of the Ghana School of Law, Mr. Kweku Ansah-Asare has echoed Mr. Yeboah’s concerns but added a historical and moral dimension. He emphasized;
“In 1981, 1982 when the tribunal concept evolved, there was no constitution. The preamble to the constitution is clear, that we the people of Ghana, in the exercise of our natural and inalienable right to establish a framework of governed which shall secure for ourselves and posterity the blessings of liberty, equality of opportunity, and prosperity.”
Mr. Kweku Ansah-Asare Former Director of the Ghana School of Law
Mr. Ansah-Asare emphasized the established legal framework in Ghana, which has followed a Western model and questioned the rationale behind such developments. He recounted;
“We have practiced a Western model since 1830 and are still in love with that. Why would the Mahama government try to bring back this atrocious, obnoxious, canker? It was evil. The tribunal system was very evil. And the people behind it were regarded as devilish. Why would they want to do that?”
Mr. Kweku Ansah-Asare Former Director of the Ghana School of Law
In Addition, he referenced the Constitution, by challenging the wisdom behind revisiting this approach in the current era. He reiterated;
“Under the constitution, parliament under Article 126 (1)(b) is entitled to establish such lower courts or tribunals by law established. This clause has not been amended, and therefore, my good friend Dominic Ayine had a look at it before making the pronouncement. But it would not augur well for the Mahama government and the people of Ghana.”
Mr. Kweku Ansah-Asare Former Director of the Ghana School of Law
Both Alfred Tuah Yeboah and Kweku Ansah-Asare present compelling arguments against reintroducing regional tribunals.
They highlight constitutional provisions, historical precedents, and practical considerations that question the necessity and appropriateness of such a move.
Their perspectives reflect a broader sentiment that favors modernizing and improving the existing judicial system rather than reverting to outdated structures with negative historical connotations.
READ ALSO; From Grace to Grass: Reflections on Akufo-Addo’s Presidency and Legacy
