Private legal practitioner Martin Kpebu has defended plans to revive Ghana’s public tribunal system, insisting that past abuses should not be used as grounds to reject the institution.
Speaking on the KeyPoints with Alfred Ocansey, Mr Kpebu acknowledged concerns raised by the Minority about the potential for abuse but said the focus should be on strengthening the system rather than abandoning it.
“It’s good that the Minority is making that point forcefully because it reminds us to be careful,” he said. “We don’t want those excesses.”
Mr Kpebu noted that some public tribunals during the PNDC era were associated with human rights abuses, but argued that Ghana has learnt important lessons from that period.
He said the key issue should be the integrity of those appointed to serve on the tribunals.
“It’s about character, character, character. Character is a big problem, not just in Ghana but all over the world,” he stated on July 18.
The legal practitioner disagreed with arguments that the tribunal system should not be revived because of its history.
According to him, using past misconduct to abolish public tribunals would be similar to shutting down the judiciary after corruption scandals involving judges.
“The logic of that argument is to say that when judges were exposed for corruption, we should have shut down the judiciary. Nobody said that,” he said.
Mr Kpebu maintained that public tribunals are recognised under Ghana’s Constitution and that the current proposal is intended to reactivate a system that has existed for decades.
“It is a constitutional provision. Public tribunals have always been around. We are just trying to revitalise them,” he said.
He urged Ghanaians to support efforts to improve the system while remaining vigilant against possible abuses.
“Let’s all put our hands on the wheel and make it better. If we find out that it’s not working, we will stop and review it,” he added.
Mr Kpebu also defended the inclusion of non-lawyers in tribunal panels, saying lay participation in the administration of justice has a long history in democratic societies.
While admitting that lawyers undergo years of specialised legal training, he said history has shown that ordinary citizens can also play an important role in determining certain criminal matters.
“For some offences, it is good that ordinary persons in the community help determine whether a citizen is guilty or not,” he said.
He cited jury systems in countries such as the United Kingdom and the United States as examples of lay participation in justice delivery.
Mr Kpebu suggested Ghana could strengthen the tribunal system by providing training materials for lay members, similar to manuals used to guide jurors in the UK.
“Instead of excluding lay persons, we should help enhance their skills,” he said.
On concerns that tribunal appointments could become politically partisan, Mr Kpebu said the Constitution already provides safeguards.
“The Constitution says members must be persons of high moral character and proven integrity. That addresses the issue of character,” he stated.
By Christabel Success Treve
