If you go to many High Courts in Ghana today, the story is the same. Files stacked to the ceiling. A land case from 2010 still pending. A murder case adjourned because there is no judge. A chief in court for 8 years because his chieftaincy matter cannot be heard.
Meanwhile, the 1992 Constitution has already given us a solution that we have abandoned — Regional Tribunals.
It is time we create and make them work.
WHAT DOES THE CONSTITUTION SAY ABOUT THEIR CREATION?
The 1992 Constitution is very clear.
Article 126(1)(b) says the judiciary shall consist of the Superior Courts and “such other courts or tribunals as Parliament may by law establish.”
Article 142(1) is even more specific: “There shall be a Regional Tribunal for each Region of Ghana.”
It says:
– The Chairman must be a person qualified to be a High Court Judge
– He is appointed by the Chief Justice
– Other members — who may be lawyers or non-lawyers with expertise in custom — are also appointed
– It shall have the powers of the High Court
So Regional Tribunals are not a new idea. They are not a PNDC idea. They are a 1992 Constitution idea. The Constitution commands their creation. The problem is, in all regions, they exist on paper.
WHY DO WE NEED REGIONAL TRIBUNALS NOW?
Ghana in 2026 is not Ghana in 1992.
1. Explosion of Cases: Our population has doubled. Land disputes have exploded because land is now gold. Chieftaincy disputes have tripled. Our High Courts alone cannot handle it.
2. Chieftaincy and Customary Law Matters: Under Article 273, chieftaincy matters belong to the Houses of Chiefs, but many civil cases have customary law undertones — family land, stool land, traditional marriage. A Regional Tribunal that blends law and custom — with a High Court Judge sitting with chiefs or customary experts — is better placed to handle such cases than a lone High Court Judge from another region.
3. Access to Justice: A farmer in Yendi, a fisherman in Half Assini, a trader in Sefwi must travel to Sekondi or Kumasi for High Court. If Regional Tribunals sit in every regional capital and also go on circuit, justice becomes closer to the people.
4. Specialized Justice: We need tribunals that focus. One tribunal can focus on land, another on serious crimes, another on custom. That is how countries reduce delay.
THE PROS — THE GOOD SIDE OF CREATING THEM
1. Decongestion of High Courts: Regional Tribunals have the status of High Court. If they start working fully, they will take 40% of cases away from High Courts. Cases will move faster.
2. Blend of Law and Wisdom: Unlike the High Court where only a judge sits, a Regional Tribunal allows community members who understand the custom of that region to sit. So a land case in Dagbon can be decided with an elder who understands Dagbon skin land tenure, guided by a High Court Judge.
3. Faster and Cheaper Justice: Tribunal procedures are less technical. Filing fees are lower. They can sit in local languages with interpreters. For the ordinary Ghanaian, this is real access.
4. Confidence in Local Justice: When people see their own respected elders sitting with a judge, they trust the outcome more than a judgment from a court far away.
5. Constitutional Compliance: Creating them means we are obeying our own Constitution. Article 142 says there SHALL be a tribunal. Shall means mandatory.
THE CONS — THE FEARS AND PROBLEMS
We must also be honest about the cons, because that is why some people are afraid:
1. Fear of Old Public Tribunals: When Ghanaians over 45 hear “Tribunal” they remember the Public Tribunals under PNDCL 24 from 1982-1993, where rules of evidence were sometimes loose. That historical memory makes people suspicious. We must educate that Regional Tribunals under 1992 Constitution are different — they are under the Chief Justice and must follow fair trial rules under Article 19.
2. Risk of Inconsistency: Because panel members include non-lawyers, there is a risk that two tribunals in two regions may decide the same customary law differently. Without proper training and published law reports, inconsistency can grow.
3. Cost and Resourcing: Creating 16 functional tribunals needs money — courtrooms, judges, researchers, staff, vehicles. The Judicial Service is already under-resourced. Where will the money come from?
4. Interference at Local Level: If not well protected, local powerful persons may try to influence non-lawyer members of the tribunal more easily than a High Court Judge. Independence must be guaranteed.
5. Overlap of Jurisdiction: If not clearly defined, Regional Tribunals and High Courts may clash over who should hear what case, creating confusion for litigants.
THE WAY FORWARD — HOW TO CREATE THEM PROPERLY NOW
We need them, but we must create them the right way:
1. Operationalize Article 142 Fully: The Chief Justice and Judicial Council must appoint Chairmen for all 16 regions and gazette them. No region should be without a tribunal.
2. Clear Law on Jurisdiction: Parliament through an Act or the Rules of Court Committee must list clearly what cases go to Regional Tribunal — for example, land, chieftaincy-related civil matters, serious crimes with customary flavour — and what stays at High Court.
3. Training: Non-lawyer members must be trained at the Ghana School of Law and Judicial Training Institute on evidence, fair hearing, and judgment writing.
4. Resourcing: Government must budget for tribunals under the Judiciary budget. Give them courtrooms, recorders, and transport to go on circuit within the region.
5. Public Education: The Judicial Service and NCCE must tell Ghanaians that Regional Tribunal is not a “second-class” court. It is a High Court with more wisdom. Its decisions can be appealed to the Court of Appeal.
Ghana does not need to invent a new court to solve delay. The Constitution already invented it in 1992 — Regional Tribunals.
They are constitutional. They are necessary. They are overdue.
If we create them properly — independent, well-resourced, and under the Chief Justice — they will be the bridge between English law and our customs, between Accra justice and village justice.
And for the ordinary Ghanaian who has waited 10 years for a land case to be heard, that bridge cannot come soon enough.
Alexander Afriyie, supervising editor, ghanacrimereport.com and ghanatalk.com