Courts must be responsive to the economy - Lawyer

Accra (Greater Accra) 18 March '99

Mr Ekow Awoonor, a legal practitioner, on Wednesday recommended that the traditional courts adopt some of the procedures the Non-Performing Assets Recovery Tribunal (NPART) uses in dealing with cases expeditiously to avoid delays. Mr Awoonor said this would not only enhance the performance of the courts but that they would also be responsive to the promotion of market oriented policies that cushion investment. Mr Awoonor was speaking on the role of the judiciary in promoting market oriented policies at a lecture marking the Ghana School of Law Week. The theme for the week is "the role of the legal profession in the creation of a vibrant private sector economy". He said as from June 1992, the commencement date of the tribunal to the end of the following year, the tribunal was able to give judgement in 123 cases involving a total claim of 14.2 billion cedis as against 168 cases brought before it. "The Tribunal provided a quick and efficient judicial process supported by an equally efficient enforcement of its judgements. "The tribunal used High Court rules but the rules were administered efficiently, cutting out opportunities for delay and unnecessary adjournments were not tolerated. "The ordinary courts may learn a few lessons from this experience about how to satisfy the private sector in the administration of justice." Mr Awoonor said "so strong is the feeling against delay that several businessmen shy away from transactions which requires enforcement of rights exclusively through the courts". He regretted the inheritance of a system "which required that certain legal proceedings should be commenced by writ, others by motion, and yet others by summons. "We worked through the minefields of prerogative writs, some with peculiar Latin names as quo warranto, habeas corpus, certiorari, mandamus, and at least two comprehensible procedures, prohibition and the action for a declaration.

"All those ghosts of the past have contributed in the delay of cases". Mr Awoonor said the courts can adopt an informal procedure under which parties may be encouraged to present their cases with the presiding officer, taking on an interventionist role which would lead to quick judgements.

"These have been tried successfully in other jurisdictions and we may give them a try to find how acceptable and suitable they may be." Mr Awonnor said the complexities and the advanced form of businesses like the Stock Exchange, telecommunications and the electronic media have created commercial environment for judges to work with specialised knowledge to resolve disputes to match the developments. Nana (Dr) S.K.B. Asante, Legal and Investment Consultant, said although the World Bank would start reform work on the judiciary to avoid the delay of cases at the courts, there is the need for the country to begin tackling the issue. He said investors show concern about the legal environment among other factors before they begin their businesses.