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Crime & Punishment of Thursday, 27 April 2006

Source: GNA

Assist to construct district courts-Justice Acquah

Axim (W/R) April.27, -GNA-Mr Justice George Kingsley Acquah, the Chief Justice, on Thursday said district assemblies are enjoined by law to assist the judiciary in making justice more available. He was speaking at the Chief Justice Forum under the theme: "The Role of the District Assembly in the Administration of Justice at the local level" at Axim.

Mr Justice Acquah said this requirement has not been effectively performed by most district, municipal and metropolitan assemblies. He stressed that, "It is a legal responsibility that cannot and must not be permitted to be ignored".

Mr Justice Acquah appealed to District Assemblies to take steps to comply with the legal requirements by mobilising resources for the construction of courthouses and residential for the staff of the Judiciary Service.

He said this would go a long way in decongesting the justice system and ensuring that justice is being administered effectively at the local level.

Mr Justice Acquah said district assemblies must also ensure that people in their areas have ready access to the courts. He said court officials are not under the control of district assemblies adding, "The courts are not under the control of anybody but the constitution".

Mr Justice Acquah said, "The courts are there for the people and the people are there for the courts".

He said one regular and credible complainant, which impedes the ordinary person from having access to the courts, relates to allegations of extortion of money by staff of the Judiciary Service. Mr Justice Acquah said cashiers and registrars are alleged to be demanding more than the approved filling fees, demanding double or triple the actual fees for the performance of official duties while some are in the habit of forging the signatures of magistrates and other officials on documents.

Mr Justice Acquah said the Judiciary Service has printed a brochure containing the authorised fees chargeable when a person goes to file an action in court.

He urged the Justice and Security Committees of the assemblies to study the brochure and report any unauthorised or excessive charging of fees by any court staff.

Mr Justice Acquah urged district assemblies to establish child panels to assist district courts in handling children's matters. He said the Judiciary Service is prepared to assist in the training and capacity of the child panels to make them effective partners in handling matters affecting children in their localities.

Mr Justice Acquah asked stakeholders to adopt an attitude of cooperation in the justice delivery system.

"Assist in creating more district courts in the country so that there will be access to justice for all, irrespective of their stature, status, financial standing or location in the country", he said. "By so doing, we will be complying with provisions of the constitution and fulfilling the letter and spirit of the Local Government Act", Mr Justice Acquah said.

He said High Courts have no jurisdiction in Chieftaincy matters that are to be dealt with by Chieftaincy Tribunals. Mr Justice Acquah said chieftaincy matters go to the High Courts when parties are not satisfied with the composition of the tribunals. He said the responsibility of the High Courts is to see that the Tribunals quickly deal with chieftaincy matters.

Mr Justice Acquah said the law restrict chiefs to arbitrating only in chieftaincy matters.

He said chiefs, however, could arbitrate in divorce and marital and customary matters when the parties voluntarily refer cases to them. Mr Justice Acquah said the decision of chiefs in these instances is binding on the parties to the litigation.