Justice Atuguba weighs in on NDC's reintroduction of public tribunals and accountability

Retired Supreme Court Justice William Atuguba has shared his thoughts on the potential reintroduction of public tribunals in Ghana, a proposal recently discussed by the opposition National Democratic Congress (NDC) and echoed by Attorney General Dr. Dominic Ayine.

Speaking on The Assembly podcast with Dr. Ayure-inga Mark Agana, Justice Atuguba reflected on the historical role of public tribunals under the Provisional National Defence Council (PNDC) and their mixed reception within the legal community.

“During the PNDC era, public tribunals were established to enhance accountability, but they were heavily criticized, particularly by the legal profession,” he noted. “Lawyers boycotted them for a long time, even though attempts were made to appease them by allowing appeals to the National Appeals Tribunal. Still, many were not satisfied with the system.”

Public tribunals, as structured under the PNDC, included a mix of legal professionals and non-professionals. This, according to Justice Atuguba, was a major point of contention. “A lawyer would strictly apply legal principles to determine outcomes, while public tribunals incorporated lay perspectives, which some legal professionals found unsettling,” he explained.

Despite their controversial nature, Justice Atuguba acknowledged that public tribunals, once the initial revolutionary fervor subsided, functioned effectively in addressing corruption and misconduct. He referenced the infamous case of the three high court judges and a retired army officer who were murdered in 1982, noting that public outcry demanded their killers be tried before the tribunals rather than through the ordinary courts.

While public tribunals historically played a role in accountability, their reintroduction in today’s democratic context remains debatable. Critics argue that such tribunals could undermine the independence of the judiciary, while supporters see them as a means to expedite justice and curb corruption. Justice Atuguba’s reflections add depth to the ongoing discourse on governance and legal reform in Ghana.