Lawyer and former Chief Executive Officer of the Ghana Free Zones Authority, Mike Oquaye Jnr, has raised concerns over the proposed Tribunal Bill currently before Parliament, arguing that Ghana must be cautious about making tribunals a regular part of the justice system.
Speaking on the debate surrounding the proposed legislation on the KeyPoints with Alfred Ocansey, Mr. Oquaye Jnr said although the 1992 Constitution recognises tribunals, they should not automatically become an alternative to the ordinary courts of the land.
He traced the discussion back to the drafting of the 1992 Constitution, noting that although provisions for public and regional tribunals were included, former President Jerry John Rawlings did not establish them as part of the regular judicial system during his tenure.
According to him, even a leader associated with the tribunal system did not go ahead to introduce legislation that would make tribunals a permanent feature of Ghana’s justice delivery system.
“What we are saying is that even under him, who is Mr. Tribunal, he did not attempt to pass any bill in Parliament to make this a standard system,” he said on July 11.
Mr. Oquaye Jnr argued that while the proposed bill is being justified as a way to reduce pressure on the courts and speed up the disposal of cases, Ghana must examine whether strengthening existing courts would provide a better solution.
He pointed to judicial reforms in other jurisdictions, including India, where he said additional court structures and expanded judicial capacity have been used to address delays.
The former Free Zones Authority CEO questioned the composition and appointment process for members of the proposed tribunals, stressing the need for transparency.
“We need to know who these three panel members are going to be, how they are going to be appointed and what the process is,” he said.
Mr. Oquaye Jnr expressed concerns about the historical perception of tribunals in Ghana, saying past experiences continue to create fear and uncertainty among many citizens.
“Tribunals give some of us nightmares. Serious nightmares,” he stated, adding that memories of past tribunal proceedings remain a concern.
He proposed that government should instead focus on improving the existing judicial system through increased investment in judges, digital case management systems, specialised courts and stronger legal aid services.
According to him, Ghana can achieve faster justice delivery without creating structures that may undermine public confidence in the judiciary.
“We must look at how we can improve the existing court system. We need more judges, digital case management, specialised commercial and small claims courts, stronger legal aid and better resourcing of our district and circuit courts,” he said.
Mr. Oquaye Jnr maintained that reforms that make the courts faster, more accessible and better resourced would be a more effective way of addressing delays in justice delivery.
