Address challenges to justice delivery – AWLA Ghana

The African Women Lawyers Association (AWLA) has called on the Judicial Service of Ghana to address issues that affect effective justice delivery for citizens who seek justice at the Courts.

The Executive Director of AWLA, Madam Edna Kuma made this call when AWLA and its Court User Committees (CUCs) engaged officials of the Kasoa and Asamankese Courts in separate events in September and October 2020.

The meetings were used to discuss and make recommendations for issues affecting justice delivery identified by AWLA as part of the implementation of “Promoting Civic Actions for Effective Justice Delivery”, a pilot project that has focused on creating an enabling environment for justice delivery for the voiceless.

Under the project, AWLA delivered capacity building actions on court processes and judicial corruption. The organization also undertook monitoring of justice delivery, and institutionalized interface platforms on justice delivery between citizens and officials of the courts.

These actions have brought citizens closer to officials of the courts. The intervention which contributes to the attainment of SDG#16.3: access to justice for all, is funded by the German development agency, GIZ.

Officials engaged included the Judges and Registrars of the District and the Circuit Courts in Kasoa and Asamankese. Present with AWLA were principal officers of institutions in rights protection and other members of AWLA’s CUCs.

They include the Domestic Violence and Victims Support Unit of the Ghana Police Service, the Commission on Human Rights and Administrative Justice, the National Commission for Civic Education, Department of Social Welfare and the local chapter of the Federation of Disability Organizations.

Others are identifiable groups such as the Tailors, Beauticians and Market Women Associations. The discussions focused on issues that affect access to justice for citizens and recommendations.

Absence of Legal Aid and CHRAJ Offices Hinders Justice Delivery:

Between 70% - 80% of court users interviewed under the project had no legal representation through lawyers, while a similar percentage did not understand court processes.

This is according to the project lead, Cosmos Kwame Akorli. It is also sad to note that Kasoa does not have the offices of the Legal Aid Commission and CHRAJ while Asamankese does not have the Legal Aid Commission’s office.

The absence of these key institutions which should provide legal support and facilitate justice delivery for the poor compels most citizens to travel all the way to Legal Aid and CHRAJ offices in Accra or Cape Coast to seek legal advice.

This situation increases the already high cost of seeking justice for court users who are predominantly self-employed or unemployed.

Citizens’ search for justice delivery is, thus, extremely difficult as court users do not only struggle to file cases, but are also compelled to ‘consult’ unqualified persons to prepare witness statements, for instance, because they are not represented by lawyers who can provide legal support. According to the officials of the courts, these witness statements are often not coherent.

As a result, most court users get disappointed during the trial. Indeed, some court users have had to file witness statements more than four (4) times because the statements were badly written. In the accounts of court officials, “when the court asks them to go back and redo it, they think the court is putting an impediment on their way”.

Citizens are therefore calling for the establishment of Legal Aid and CHRAJ officers in Kasoa and Asamankese to provide legal advice and support for poor court users.

Remoteness from Court affects justice delivery:

Majority of court users surveyed either lived far (63%) or very far (32%) from the courts. Remoteness from the court constitutes a huge financial burden, particularly for poor court users who travel from neighbouring towns and hard-to-reach communities just to seek justice at the courts in Kasoa and Asamankese.

Many court users reported several instances when they arrived at the courts after their cases had been called and adjourned. This situation has been aggravated by the fact that some of the judges have to deal with about 40 cases a day”. Indeed, more than 50% of court users have had their cases adjourned more than 4 times.

With no opportunity of recall after a case is called and adjourned, many court users who arrive late at the courts because of distance will continue to suffer from delayed justice delivery.

Court users want courts officials of the courts to consider distance from when dealing with voiceless court users, and recall cases if all parties to the case later arrive at the court. This will reduce adjournments and the high cost of seeking justice.

Build the Skills of Police Prosecutors or Replace Them with Lawyers:

Officials of the courts identified lack of adequate capacity for police prosecutors as a key challenge to effective justice delivery for the voiceless.

According to the Judge at the Asamankese Circuit Court, “police prosecutors lack the skills needed for effective prosecution, and get confused during the trial process, mainly because they are not lawyers”.

Some of the police prosecutors even tell suspects “to plead guilty so the case will move faster”. According to the judge, “there was a case in which a suspect who was told to plead guilty by the prosecutor was actually not guilty.

Officials of the courts and other stakeholders were convinced that providing adequate and regular capacity building for police prosecutors or using lawyers as prosecutors will ensure effective prosecution of cases at the courts.