As Parliament considers the Tribunal Bill clause by clause to establish a legal framework for district and regional tribunals, contrasting views have emerged from MPs during the consideration stage.
The Member of Parliament for Atiwa East and Former Deputy Finance Minister, Hon. Abena Osei Asare, opposed the Bill, arguing that it duplicates the existing court system and risks repeating past judicial injustices.
She noted that Chapter 11 of the 1992 Constitution already provides for district magistrate, circuit, high, appeal, and supreme courts.
“These courts have served us very well throughout the fourth republican dispensation,” she stated.
Questioning the timing, need, and financial justification of the Bill, Hon. Osei Asare referenced the history of regional tribunals during the PNDC era.
“So what is the policy rational of this sudden, what I would describe as almost desperate attempt to have regional tribunals when we have not had them throughout the life of the fourth republic? And what is the justification for it?” she asked.
“Mr. Speaker, regional tribunals in our country have a history and I want to submit most respectfully that the history of regional tribunals is one that is not pleasant… These were tribunals where you could not even see the faces of judges and these were tribunals which dispensed with justice in a manner which… perpetuated enormous injustices to many, many Ghanaians,” she said.
She further challenged the Attorney General’s memorandum claiming the Bill would have no financial impact on the consolidated fund.
“How can you tell me, Mr. Speaker, that you are going to establish tribunals in all the districts and regions of this country and it is not going to have any financial implication on the consolidated fund? That is completely not true,” she stated, concluding, “I want to urge my colleagues that this is a bill that we do not need… we do not need it. So I want to submit that we do not need it,” she said.
Conversely, the Member of Parliament for Tamale South, Hon. Haruna Iddrisu, backed the Bill, citing Article 142 of the 1992 Constitution to argue that it upholds a constitutional imperative, addresses a traditional court backlog of about 3,360 cases, and enhances access to justice.
“Mr. Speaker, article one four two provides and I quote: one, there shall be established in each region of Ghana a regional tribunal as the Chief Justice may determine. Constitutional. So the Attorney General is only enforcing a constitutional imperative,” he stated. “What this House must bother about is: will this contribute to the administration of justice? That is what we should be concerned about. Will the establishment of the regional tribunal enhance access to and the delivery of justice in Ghana? It will,” Hon. Iddrisu said.
Dismissing historical concerns, he assured the House that Ghana has moved past the “dark days” of judicial excesses, stating that the Attorney General will proceed guided by the constitution and Article 19 on fair trials.
“We have long left the dark days behind us and the administration where there were excesses. So be assured that not under President Mahama and not under Minister Ayine will you witness any excesses in disrespect to fundamental freedoms and rights,” he stated.
Hon. Iddrisu highlighted the necessity of tackling delays within the judicial system, recalling a quote attributed to Speaker Bagbin describing it as “slow and tortuous.”
“How do we improve the long, slow tortuous delivery of justice in Ghana?… Justice delayed is justice denied. There are cases in the court that have run twenty, thirty years. Why?” he asked, concluding that he supports the motion to secure “a strong, independent and fearless judiciary that must deliver timely justice”.
By: Rainbowradioonline.com/Ghana