Criminal cases must be tried in ordinary courts – Prof. Oquaye opposes tribunals

Former Speaker of Parliament and Distinguished Fellow of the Institute of Economic Affairs (IEA), Professor Aaron Mike Oquaye, has opposed the continued creation of tribunals to prosecute criminal cases, arguing that citizens should ordinarily be tried before the established courts of the land.

According to him, creating separate forums for prosecuting certain individuals could undermine the principle of equality before the law.

Speaking at the IEA’s forum, “Views and Reflections: The Prempeh Committee’s Report and Government’s Position on Constitutional Review,” Professor Oquaye said the use of tribunals could contribute to what he described as the proliferation of prosecutorial powers in Ghana.

He stressed that the justice system should provide a common platform where citizens accused of crimes are subjected to the same judicial processes.

“I am particularly against having tribunals, because it is also part and parcel of this improper proliferation of prosecutorial powers in our republic.

“The Englishman insists on what is a very important principle in their jurisprudence, the expression, the ordinary courts of the land. If you want to accuse me or prosecute me for anything, take me, the Englishman says, to the ordinary courts of the land.

“Don’t set up something that I may be prosecuted before, but that Adwoa will not be prosecuted before. We should all have that kind of equality before the ordinary courts of the land.

“These are extraordinary courts, and it is not part and parcel of the judicial system that has been well-crafted in countries like England. And that would be my view: it would not be a good thing at all to continue with this proliferation,” he said.