Former Director of Ghana School of Law, Kweku Ansa Asare, has criticised the proposal to reintroduce the tribunal system under the Mahama-led government, labelling it as a step backward for Ghana’s democracy.
According to him, reviving the tribunal system would erode Ghana’s democratic progress and jeopardise the protection of individual rights.
This he explained in an interview on Joy FM’s Newsnight is because the tribunal system was “atrocious” and “obnoxious.” He went further to call the individuals behind it “devilish.”
“Why would the Mahama Government try to bring back this atrocious, obnoxious canker? It was evil. The tribunal system was very evil, and the people behind it were devilish. Why would they want to do that? I don’t support it. In fact, it will be, it shall be fiercely resisted,” he stated on Tuesday, January 14.
His comment follows the Attorney-General and Minister for Justice nominee, Dr Dominic Ayine asserting that the NDC government intends to reintroduce the public tribunals in communities and districts in addition to the already existing regional ones.
In a passionate critique, Mr. Asare highlighted Article 126(1)(b) of the Constitution, which grants Parliament the power to establish lower courts or tribunals by law.
However, he emphasised that this provision, while valid, should be approached with caution to avoid undermining constitutional principles and the democratic gains of the Fourth Republic.
Referring to the origins of the tribunal system during the early 1980s under the Provisional National Defence Council (PNDC) regime led by Jerry John Rawlings, Mr. Asare noted that the tribunals operated in a context without a constitutional framework, allowing unchecked powers.
Contrasting that era with today’s governance under a constitutional democracy, Mr. Asare underscored the safeguards embedded in the 1992 Constitution.
He pointed to the preamble, which upholds liberty, equality of opportunity, and prosperity for all Ghanaians, as well as Chapter Five, which enshrines fundamental human rights.
He further warned that any attempt to reintroduce such a system would face fierce resistance from Ghanaians.
“We have Article 2, which allows any person who feels their constitutional rights are being threatened, to go to the Supreme Court. If this proposal moves forward, it will lead to continuous legal battles, making Mahama’s work very unpleasant,” he stated.