International corporate lawyer and entrepreneur, Victoria Bright, has urged the government to strengthen Ghana's existing courts and create specialised courts where necessary. She advises against establishing new public tribunals under the proposed Public Tribunal Bill. This recommendation comes amidst ongoing discussions about judicial reforms and the efficiency of the legal system in Ghana.
Ms. Bright, speaking on JoyNews' 'Newsfile' on Saturday, July 18, highlighted the painful history associated with public tribunals in Ghana. She cautioned that while constitutional reforms are welcome, the country must exercise prudence. The debate, she stressed, should focus on the genuine necessity of the proposed tribunals and their independence from political influence. She questioned whether the proposed system is properly designed and sufficiently protected from interference and abuse.
This discussion fits into Ghana's broader economic and political story concerning governance and the rule of law. The efficiency and impartiality of the judicial system directly impact investor confidence and the fight against corruption. Previous military regimes used tribunals, leading to significant historical baggage and public distrust. Ensuring a fair and robust legal framework is crucial for Ghana's economic stability and growth, particularly as the nation seeks to attract foreign investment and combat illicit activities like illegal mining, known as galamsey.
Ms. Bright stated, "The question for me is whether the system proposed by the bill is necessary. Is it necessary? Is it properly designed? And is it sufficiently protected from political interference and abuse? These are the core questions." She acknowledged the bill's attempts to distance new tribunals from past abuses by placing them within the judicial system. However, she stressed that public confidence would depend more on practical implementation than on the legal wording. She also welcomed provisions for legal representation and other procedural safeguards.
The implications of establishing new tribunals are significant for Ghana's legal landscape. Ms. Bright warned about the potential for forum shopping, where prosecutors could choose between conventional courts and tribunals. This discretion could create opportunities for selective prosecution, undermining fairness and public trust. She argued that if tribunals possess similar powers to existing courts, strengthening current structures or creating specialised divisions would be more logical. This approach would avoid adding another layer to an already complex judicial system.
Ms. Bright also raised concerns about the composition of the tribunals, specifically the provision allowing lay members to outvote the legally trained chairperson. She warned this could undermine the legal expertise required in criminal proceedings. She emphasized that the government must clearly demonstrate how the proposed tribunals would solve specific institutional problems. She suggested that amending the rules of existing courts could speed up priority cases, rather than creating an entirely new system. This approach aligns with proposals already submitted to the Chief Justice by the Centre for Democratic Development (CDD-Ghana) to shorten timelines for parliamentary election petitions.
Ultimately, the government must address three critical questions before proceeding with the legislation. These include identifying specific failures in the current court system that justify new tribunals. It must also establish objective criteria for case allocation between courts and tribunals. The integrity and independence of Ghana's judicial system are paramount for its democratic and economic future.