Background: ADR and the Asogli State
The discussion centers on the use of Alternative Dispute Resolution (ADR) mechanisms within the Asogli State, a traditional region in Ghana known for its influential chieftaincy system. ADR techniques, including mediation and arbitration, have gained traction as faster, more amicable routes for resolving civil disputes. However, their applicability to criminal matters has long been a subject of debate among legal scholars, practitioners, and community leaders.
Judicial Warning from Justice Angelina Mensah-Homiah
Justice Angelina Mensah-Homiah, a respected member of the Court of Appeal, underscored a critical boundary during an ADR sensitisation engagement. The judge cautioned chiefs and elders in the Asogli State against adjudicating criminal cases under ADR frameworks. She emphasized that criminal matters require formal state intervention, due process, and adjudication within the established criminal justice system.
The Rationale Behind the Caution
According to Justice Mensah-Homiah, ADR processes excel at resolving disputes over property, contracts, and personal grievances that do not carry criminal liability. Criminal cases, by contrast, involve sanctions such as imprisonment or fines that must be determined by a competent court following due process. Allowing non-state actors to decide guilt or innocence could undermine constitutional rights, jeopardize fair trial guarantees, and create inconsistent legal outcomes across the jurisdiction.
Legal and Constitutional Considerations
Her remarks align with constitutional protections that vest criminal jurisdiction in the state’s courts. The judge noted risks of partiality, potential bias, and lack of formal evidence standards when criminal decisions are made outside the formal judiciary. She called on chiefs to steer community members toward authorities or recognized ADR processes that are limited to civil or non-criminal disputes.
Community Role in Dispute Resolution
While reaffirming the limitations on criminal ADR, Justice Mensah-Homiah did not dismiss the valuable role traditional leaders can play in fostering peace. She encouraged chiefs to continue facilitating dialogue, confidentiality, and mediation for non-criminal disputes, while collaborating with prosecutors, police, and the judiciary to handle criminal matters appropriately.
Practical Steps for Chiefs and Community Members
The judge outlined concrete steps for local leaders and residents:
– Refer suspected criminal conduct to formal law enforcement channels promptly.
– Use ADR for civil, familial, and property-related disputes to relieve court backlogs where appropriate.
– Organise community forums that emphasize human rights, fair trial standards, and the rule of law.
Implications for the Judicial System
Experts say the caution helps preserve the integrity of the criminal justice framework while respecting the cultural authority of traditional rulers. By delineating roles clearly, the state can reduce instances of informal settlements that may mask underlying crimes and ensure accountability through due process. This stance also signals to the public that justice equity remains the overarching priority in both modern and customary systems.
What This Means for Citizens
Citizens in the Asogli State can expect clearer pathways to resolution for both civil and criminal matters. Victims and alleged offenders should engage legal authorities and understand that ADR remains a valuable tool for resolving non-criminal disputes, with the safeguards of formal courts for criminal accountability.
Conclusion
Justice Mensah-Homiah’s message is a reminder that the rule of law must be upheld in all corners of Ghana. While community leaders play a pivotal role in maintaining harmony, the adjudication of criminal cases must remain firmly within the purview of the formal judicial system to protect rights, ensure consistency, and maintain public trust.
