Former Attorney-General and Minister for Justice Joe Ghartey has renewed calls for traditional authorities to be formally integrated into Ghana’s justice delivery system, arguing that chiefs are already resolving disputes at the community level and should be legally empowered to do more.
Mr Ghartey is advocating amendments to the Courts Act to grant chiefs authority to adjudicate selected community-related disputes under the supervision of the formal judicial system.
Speaking in an interview with the Ghana News Agency (GNA), the former Essikado-Ketan Member of Parliament said the proposal would improve access to justice while helping to reduce the burden on the courts.
According to him, traditional leaders have long played an informal role in conflict resolution, making it logical for the law to formally recognise their contribution.
“Chiefs are already assisting in the administration of justice, whether we acknowledge it or not. They regularly summon parties and help resolve disputes. It is time to formalise that role within our legal framework,” he said.
Mr Ghartey questioned why chiefs remain largely confined to handling chieftaincy matters when Ghana’s legal system already entrusts non-lawyers with significant judicial responsibilities.
He pointed out that ordinary citizens serving on juries are empowered to make decisions in serious criminal cases, including murder trials, and argued that chiefs should similarly be entrusted to determine certain local disputes.
“If ordinary citizens who are not lawyers can serve on juries and decide the fate of persons accused of serious crimes such as murder, then chiefs should also be entrusted with authority to resolve issues such as environmental and other community-related disputes,” he stated.
While acknowledging concerns about limitations imposed by the Chieftaincy Act, particularly the inability of chiefs to compel attendance or enforce some decisions, Mr Ghartey said the solution lies not in repealing the law but in reforming the Courts Act.
He proposed that chiefs be granted clearly defined jurisdiction over simple disputes while remaining subject to the oversight and authority of the formal courts.
The legal practitioner stressed that integrating chiefs into the judicial structure could strengthen alternative dispute resolution mechanisms, enhance community-based justice, and make the justice system more accessible to ordinary citizens.
Mr Ghartey therefore called on policymakers, researchers, the National House of Chiefs and other stakeholders to begin a national conversation on how best to formalise the role of traditional authorities within Ghana’s justice system.
