Chief Justice, Gertrude Sackey Torkornoo, has called on traditional leaders to support the establishment of a database on land administration to aid justice delivery.
She said the present land administration regime “presented a huge blockade to justice delivery” as the ownerships were customary law based, greatly affecting the nation’s economic growth.
The Chief Justice was opening the 2023 Chief Justice’s Forum in Ho, which was on the theme: “Building the Pillars of Justice.”
She noted the support of chiefs was required in the development of a credible record of land ownership, which would aid timely resolution of land issues to promote economic growth.
“Allow me on this occasion to touch on an aspect of justice delivery that is presenting huge blockade to the administration of justice and investment within our society. The subject of land administration. The subject of the proper administration of land and ownership has now become an extremely sour point, that the courts need the active attention of our houses of chiefs and ethnic leaderships on.
“Whether land ownership is traced to clans, families or stools, this is invariably a matter of custody, and invariably a matter of fact determined only by clear and cogent evidence presented by leaders of the stools or families that the lands belong to”.
“When evidence is compromised by inconsistencies, contradictions and alleged parallel lines of leadership, investors become trapped within these consistencies and contradictions. They are carried over to courts to resolve issues that have arisen out of these inconsistencies and contradictions, and citizens, who only wish to plan their lives and pursue wealth creation, become victims of the pains caused by unclear land ownership lines.
“It is my deep and sincere cry to the houses of chiefs to begin to pay close attention to creating clear records of ownership of lands within the various paramountcies – whether the land ownership is vested in families, clans or stools.
“As custodians of customs, please allow the courts to look to you for support in building this pillar of justice – a database of land ownership in our country. This will assist in early and prompt resolution of what has become an almost excruciating path of justice delivery, and a huge disincentive to investments in the country for both citizens and foreigners, individuals and corporate bodies alike
“This situation is clearly shaking the ethical foundations of economic growth of our country, and we must pay attention to it,” she said.
The Chief Justice stressed the role of traditional leaders in an effective land ownership and administration system, saying, “We must try to create a legal system that understands the unique circumstances and challenges faced by us as Ghanaians – in this case a society in which the most precious asset for human living, land, is primarily vested in people groups and not the state or individuals.
“By placing collective consciousness of the impact of the way land ownership is being managed by communities at the center of deliberations at the level of traditional leadership, traditional leaders can ensure that we render the obligation to deliver justice as not just a cold and personal concept to be understood only by the court, but the collaborative leadership based effort that brings prosperity to the people.”
The annual Chief Justice Forum has become a stage for deliberation and input to grow justice in the country and it brings together various stakeholders including attorneys, security agencies, traditional leaders and civil society organisations.
The Chief Justice said an ethical culture of fairness and equity by all stakeholders was required in meeting the aspired realms of justice for the country, and which also required cooperation, collaboration, and accountability.
She said the culture of rule of law needed to be fostered to be able to ensure order and promote stability, safety and confidence.
The Chief Justice noted how legal knowledge would empower citizens on their rights and responsibilities, and further called to “collectively embrace” electronic court processes for effective justice delivery.
The forum was chaired by Togbe Tepre Hodo, President of the Volta Region House of Chiefs, who commended the forum initiative, and said it would go a long way to enhance confidence in the nation’s justice administration.
“To most Ghanaians justice is still a half open and a half closed book, and it is only when such forums are organised that the everyday person gets to appreciate what justice delivery is all about,” he said.