Judiciary to build adjudicatory capacity of Chiefs
Gilbert Boyefio
26/07/2008
Georgina Theodora Wood, Chief Justice The Chief Justice of Ghana, Her Ladyship Georgina Theodora Wood, has disclosed that having recognized the important role Chiefs play in dispute resolution in Ghana, the Judicial Service and the World Bank will implement a two year project which will build capacity of chiefs in effective exercise of their adjudicatory functions.
She said the project which would commence in October is aimed at improving access to justice in Ghana, particularly at the community level through a more user-friendly dispute resolution process. It also seeks to examine the relationship between the formal judicial system and the traditional system within Ghana's pluralistic legal system.
The Chief Justice made these disclosure at the launching of the book "The Law of Chieftaincy in Ghana" authored by Justice Stephen Alan Brobbey, a Justice of the Supreme Court.
According to Justice Georgina Wood, Chieftaincy is a complex institution, embedded in a complex belief system and is regulated by tradition which is as old as time itself.
She said the Chieftaincy institution, which has successfully navigated both political and social change and has, in the process demonstrated considerable resilience, is guaranteed under Article 270 of the Fourth Republican Constitution.
She observed that Chiefs, who are the guardians and primary custodians of customary law, have from time immemorial adjudicated disputes ranging from minor household infractions to major land dispute.
However, in the wake of socio-political change, most of their traditional functions have been taken over largely by new and modernized institutions such as the courts. She pointed out that despite this fact; the chieftaincy institution continues to play a significant role in the political development of Ghana, and conflict resolution across the continent.
Justice Georgina Wood said it is to this end that books, such as "The Law of Chieftaincy in Ghana", will prove a most useful addition to what already exist in that field. She was of the view that the book will serve as a most reliable storehouse of legal knowledge not only to Chiefs but also to the general public.
"Indeed on perusing this book, I realize that it is not only a reference point for matters pertaining to chieftaincy alone, but also an excellent source on customary arbitration, contempt of court and judicial review, topics which are of extreme importance in litigations," she added.
Commending the book further, she said persons desiring to know the differences between the words judicial review and supervisory jurisdiction, must read the first few pages of chapter 23, where the author has treated the subject with painstaking detail.
She said the legal fraternity will find the author's treatment of the basic difference between appeals and certiorari, drawn from case law and which often time is lost on legal practitioners very useful.
"The Law of Chieftaincy in Ghana", is a comprehensive restatement of the law on chiefs and chieftaincy, spanning the period just before Independence in 1957, throughout the 1992 Constitution era, up to present time.
The book is in four parts. The first part is an extensive coverage of almost all aspects of law on chiefs and chieftaincy and the extent that they are regulated by national Constitutions, statutes, judicial precedents and customs.
The second part is on customary arbitration which is the dispute resolution mechanism applied by chiefs from time immemorial up to the present day.
The third and fourth parts are essential to fully understand the problems that often confront litigants, chiefs, legal practitioners and judges who have to handle chieftaincy disputes. They cover topics which have been given detailed consideration before their principles are narrowed down to specific applications in chieftaincy disputes. The book covers chieftaincy throughout the country.
Touching on the factors that motivated him to write the book, the author Justice Stephen Alan Brobbey, pointed out that although chiefs are not lawyers or judges, they are expected to function like them and hence the need to fill that gap.
He said another factor was the need to put in place a source from where to start looking into litigation on chiefs and chieftaincy, noting that "Many of the facts on chiefs and chieftaincy are embedded in the heads of chiefs, elders, kingmakers and so forth."
According to him, the necessity to document some of the relevant laws regulating chiefs and chieftaincy that are scattered in the Constitution, statutes and decided cases available at different sources, also motivated the writing of this book.
The first book which was auctioned was bought at GH¢10,000.00, but the market price is GH¢120.00.
26/07/2008
Georgina Theodora Wood, Chief Justice The Chief Justice of Ghana, Her Ladyship Georgina Theodora Wood, has disclosed that having recognized the important role Chiefs play in dispute resolution in Ghana, the Judicial Service and the World Bank will implement a two year project which will build capacity of chiefs in effective exercise of their adjudicatory functions.
She said the project which would commence in October is aimed at improving access to justice in Ghana, particularly at the community level through a more user-friendly dispute resolution process. It also seeks to examine the relationship between the formal judicial system and the traditional system within Ghana's pluralistic legal system.
The Chief Justice made these disclosure at the launching of the book "The Law of Chieftaincy in Ghana" authored by Justice Stephen Alan Brobbey, a Justice of the Supreme Court.
According to Justice Georgina Wood, Chieftaincy is a complex institution, embedded in a complex belief system and is regulated by tradition which is as old as time itself.
She said the Chieftaincy institution, which has successfully navigated both political and social change and has, in the process demonstrated considerable resilience, is guaranteed under Article 270 of the Fourth Republican Constitution.
She observed that Chiefs, who are the guardians and primary custodians of customary law, have from time immemorial adjudicated disputes ranging from minor household infractions to major land dispute.
However, in the wake of socio-political change, most of their traditional functions have been taken over largely by new and modernized institutions such as the courts. She pointed out that despite this fact; the chieftaincy institution continues to play a significant role in the political development of Ghana, and conflict resolution across the continent.
Justice Georgina Wood said it is to this end that books, such as "The Law of Chieftaincy in Ghana", will prove a most useful addition to what already exist in that field. She was of the view that the book will serve as a most reliable storehouse of legal knowledge not only to Chiefs but also to the general public.
"Indeed on perusing this book, I realize that it is not only a reference point for matters pertaining to chieftaincy alone, but also an excellent source on customary arbitration, contempt of court and judicial review, topics which are of extreme importance in litigations," she added.
Commending the book further, she said persons desiring to know the differences between the words judicial review and supervisory jurisdiction, must read the first few pages of chapter 23, where the author has treated the subject with painstaking detail.
She said the legal fraternity will find the author's treatment of the basic difference between appeals and certiorari, drawn from case law and which often time is lost on legal practitioners very useful.
"The Law of Chieftaincy in Ghana", is a comprehensive restatement of the law on chiefs and chieftaincy, spanning the period just before Independence in 1957, throughout the 1992 Constitution era, up to present time.
The book is in four parts. The first part is an extensive coverage of almost all aspects of law on chiefs and chieftaincy and the extent that they are regulated by national Constitutions, statutes, judicial precedents and customs.
The second part is on customary arbitration which is the dispute resolution mechanism applied by chiefs from time immemorial up to the present day.
The third and fourth parts are essential to fully understand the problems that often confront litigants, chiefs, legal practitioners and judges who have to handle chieftaincy disputes. They cover topics which have been given detailed consideration before their principles are narrowed down to specific applications in chieftaincy disputes. The book covers chieftaincy throughout the country.
Touching on the factors that motivated him to write the book, the author Justice Stephen Alan Brobbey, pointed out that although chiefs are not lawyers or judges, they are expected to function like them and hence the need to fill that gap.
He said another factor was the need to put in place a source from where to start looking into litigation on chiefs and chieftaincy, noting that "Many of the facts on chiefs and chieftaincy are embedded in the heads of chiefs, elders, kingmakers and so forth."
According to him, the necessity to document some of the relevant laws regulating chiefs and chieftaincy that are scattered in the Constitution, statutes and decided cases available at different sources, also motivated the writing of this book.
The first book which was auctioned was bought at GH¢10,000.00, but the market price is GH¢120.00.
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