The National Democratic Congress (NDC) government, in its manifesto presented for the 2024 general election, promised to reintroduce the public tribunal system, which existed during the Provisional National Defence Council (PNDC) military era for the trial of cases in communities, districts, and regions.
In the past, some people described the public tribunals as a ‘kangaroo’ justice system, considering their modus operandi and the justice systems they employed in dealing with perceived criminals and persons at fault.
Subsequently, they were removed from the justice system following an amendment to the Courts Act, 1993 (Act 459).
The 1992 Constitution, per Article 142, recognises only Regional Tribunals, which it states shall be presided over by a Chairman.
During his parliamentary vetting on Monday, January 13, 2025, the Attorney-General and Minister for Justice nominee, Dr. Dominic Akuritinga Ayine, in response to a question from a member of the Appointments Committee, asserted that the NDC government intended to reintroduce public tribunals in communities and districts, in addition to the already existing regional ones.
He noted that the internal logic of the PNDC law establishing public tribunals was to ensure the active participation of the people, which aligns with Article 125 of the Constitution.
Article 125 of the Constitution states:
(1) “Justice emanates from the people and shall be administered in the name of the Republic by the Judiciary which shall be independent and subject only to this Constitution.”
(2) “Citizens may exercise popular participation in the administration of justice through the institutions of public and customary tribunals and the jury and assessor systems.”
The Attorney-General nominee thus announced that he would be presenting a new bill to comprehensively address the implementation of the letter and spirit of Article 142 of the Constitution.
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