Delays in Ghana's criminal justice system are primarily caused by prosecutors, not the courts. This is according to Dennis Adjei Dwomoh, an adjunct constitutional law lecturer at the GIMPA Law School. Mr. Dwomoh argues against establishing tribunal courts as a solution to these persistent delays.
Mr. Dwomoh stated that the core issues leading to slow criminal case resolution stem from challenges within the prosecution process. He highlighted problems such as delays in preparing cases and presenting evidence. This view directly contradicts the government's position that new tribunal courts would enhance justice delivery by speeding up case determination.
The debate over the Regional Tribunals Act has intensified recently. The government has defended its plan to introduce tribunal courts, asserting they will improve the efficiency of handling cases. However, many legal practitioners and stakeholders have expressed concerns about the necessity and potential impact of these new courts on Ghana’s existing judicial system. This discussion is crucial for Ghana's broader economic and political stability, as a slow justice system can deter investment and erode public trust.
Speaking on JoyNews Newsfile, Mr. Dwomoh was emphatic. He said, "The major issues relating to criminal trials in this country, if you study the system, the delays are not caused by the courts. Let us be real, the delays often times are caused by the prosecutors." He further explained that instances where prosecution needs to amend its case profile or where police mischaracterize professions contribute significantly to these delays.
Addressing bottlenecks within the prosecution system would be a more effective approach to improving criminal justice delivery. This includes streamlining evidence collection and case preparation. The current backlog of cases impacts citizens' rights and the overall perception of governance. Efficient justice delivery is a cornerstone of a stable economy and a functioning democracy.
The cost implications of new tribunal courts are also a concern. Mr. Dwomoh previously estimated that regional tribunal courts could cost Ghana over US$10 million to operate. This substantial financial outlay raises questions about resource allocation, especially if the root cause of delays lies elsewhere. Investing in existing prosecutorial and judicial infrastructure might yield better returns.
Ghana's judicial system has long grappled with case backlogs, impacting various sectors, including business and investment. Foreign investors often consider the efficiency of a country's legal system when making investment decisions. Prolonged legal processes can increase operational risks and costs for businesses. Therefore, resolving these delays is not just a matter of justice but also an economic imperative.
The government's push for tribunal courts, despite expert opposition, suggests a potential divergence in understanding the core problem. What happens next will depend on whether policymakers heed the advice of legal experts like Mr. Dwomoh. Decision-makers and markets will closely watch how Ghana addresses its judicial inefficiencies, as it has significant implications for the rule of law and economic development.