Kumasi, Sept. 30, Ghanadot/GNA – The Asantehene, Otumfuo
Osei tutu II, has advocated for the development
of the necessary legal framework to support the
adaptation of diversionary measures in the
country’s justice delivery system.
He said resolution of dispute by recourse to the
time-tested customary arbitration and mediation
were not only less expensive but also cost
effective and there was the need to develop the
necessary legal framework to support and develop
such concepts within the framework of modern
society.
Otumfuo Osei Tutu made the call at the opening
of the annual general meeting of the Ghana Bar
Association in Kumasi on Monday.
The four-day meeting is under the theme “the
legal profession in a globalised world”.
The Asantehene said inadequate infrastructure
coupled with lack of personnel and other
resources made access to justice in the formal
court system burdensome and these often called
for reforms in the justice delivery system.
However, in an attempt to introduce reforms and
innovations, the country often times ignored to
have introspection of what already existed in
society and develop it to redress such problems.
He said arbitration and mediation had from time
immemorial been employed as an effective form of
dispute resolution by traditional rulers, heads
of family, elders of society and notables and
stressed the need for its effective
incorporation in the country’s judiciary and the
justice delivery system.
Otumfuo Osei Tutu said the traditional sector
had instituted measures to respond to the growth
and complexity of society in a large measure.
He said chiefs had under the new chieftaincy Act
of 2008, Act 759, formally given legislative
backing to diversionary method of access to
justice and justice delivery in their system by
guaranteeing customary arbitration as an
Alternative Dispute Resolution (ADR) method.
He called on the lawyers to use the conference
to seriously consider the issue of ADR and come
out with suggestion to reform the country’s
access to justice delivery.
Mr Joe Ghartey, the Attorney General and
Minister of Justice, said the government was
preparing a national Oil and Gas Policy as well
as Oil and Gas Master Plan for oil production in
Ghana.
Under the plan, an oil and gas regulatory
authority will be established while the Ghana
National Petroleum Corporation (GNPC) will be
converted into a limited liability company.
Strategies are also being developed for the
integration of the private sector in the
development of the petroleum industry.
Mr Ghartey said the Legal Service Board had
established an Oil and Gas Division at the
Attorney General’s Office while some selected
lawyers from the Office had also been sponsored
to do masters programmes in Oil and Gas in some
renowned universities abroad.
A commercial court will also be established at
Essikado near Sekondi to deal with disputes
arising from oil and gas production.
The Attorney General suggested the establishment
of the Committee on oil and gas within the GBA
to examine all options that the bar should take
to position itself to contribute effectively to
the development of oil and gas industry in
Ghana.
Mrs Georgina Wood, the Chief Justice, said the
legal profession was at the cross-road of
evolution and development world-wide and urged
members of the bar to recognize the changing
times and take genuine steps to shed off the
traditional approach to offering services and
reorient and manage affairs in a manner that
would reflect the changing times.
She said the country’s discovery of oil gave
them limited options as to how they ought to
manage legal practice in Ghana if they wanted to
take their rightful place in the scheme of
affairs.
The Chief Justice said one-man legal practice
which most lawyers were used to was totally
outdated and could not meet the demands of the
time and therefore, called for partnerships to
enable them undertake challenging tasks.
Mr Emmanuel Asamoah Owusu-Ansah, Ashanti
regional Minister, called on members of the GBA
to prevail on political party leaders to be
circumspect in their utterances during campaigns
in order not to inflame passion during the
electioneering campaigns.
Mr Benson Nutsukpui, Acting President of the GBA,
called on the government not to neglect other
sectors of the economy as a result of the oil
find and also use oil money judiciously to
benefit the people.
GNA