The reemergence of Tribunal courts in Ghana demands a sober, patriotic analysis stripped of political partisanship. We must judge this proposal not by slogans, but by history, by documented records, and by what it means for the ordinary Ghanaian.
In the Ghanaian context, Tribunal courts carry bitter historical scars in the minds of those who experienced them. For those who did not live through that era, it is difficult to grasp the negative shadow they cast. The original tribunals were not remembered for upholding due process, but for the climate of fear and the perception that justice could be determined outside the regular judicial framework.
The composition of the proposed tribunal system raises further concern. Under the current framework, a panel would comprise four members: the Chief Justice, a judge or a lawyer of that rank, and two non-legal members. In reality, the Chief Justice cannot sit on every panel across the country. That leaves three members as the true decision-makers in most cases.
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This structure becomes dangerous in a highly polarized political environment. The power to appoint panel members can easily be manipulated. Political actors may appoint loyalists who will twist the narrative of judgment to suit an agenda. The risk is not theoretical.
Ordinary citizens must be worried. If you believe the tribunal system can only be weaponized against the political class, consider this: tomorrow, someone with an interest in your land or property could manipulate the tribunal system to rule against you and take what is yours. That is the real danger of this venture now staring us in the face.
We do not have to look far for evidence that systems can be used to deny justice. We only need to look at how parts of the current judicial system are already being used to rob people of justice. In any adjudication, the narrative can be shaped to suggest guilt or innocence depending on who is sitting in judgment. When the structure allows for such discretion without strong safeguards, the citizen is left vulnerable.
This concern is not new. The Constitutional Review Commission of Inquiry, 2010, chaired by Professor Albert K. Fiadjoe, solicited views from all constituencies across the country. In its report, the Commission noted that Ghanaians expressed dissatisfaction with the tribunal system of adjudication and recommended that it should be abolished. For once, the will of the people expressed through a national consultation must prevail.
Governments have often found ways to override the will of the masses who empower them. The proposed return of Tribunal courts is another test. It must be judged devoid of political affiliation. The question is simple: does this serve the interest of Ghana, its Constitution, and its people?
If we value fairness, property rights, and the rule of law, then we must all rise against this. We cannot allow a system with a painful history and weak structural safeguards to be reintroduced simply because it is convenient to those in power today.
The memory of the past, the voice of the people in the constitutional review, and the future of justice in Ghana all point in one direction: we must reject this before it takes root again.
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