EXIGENT PLEA:RESURRECT DISTRICT MAGISTRATE COURT IN DAMONGO
By ANANPANSAH,B ABRAHAM (AB)
Is it 'resurrect' or 'bring back?'These two closely related word and phrasal verb really got me contemplating.The court edifice is right there.The human resource is conspicuously missing.The court is dysfunctionally hidden.Infact, the court is gone!So,in the situation,are we resurrecting or bringing back?My choice of "resurrect" in the title is thus intentionally couched.But you can also take it to mean "bring back."
Take note:district magistrate court as used in this article is the same as community tribunals as created by parliament in the mid-1993.In the newly created system by parliament,lower courts, consisting of circuit tribunals and community tribunals replaced circuit courts and district (magistrate) courts.
On that note,I like to begin by introducing cherished readers to West Gonja District.
West Gonja District is a cosmopolitan agrarian community of peace loving and culturally diverse people.It is one of the twenty-six (26) administrative districts in the northern region of Ghana.The district was established on the 23rd of December,1988 by PNDC L207.By legislative instrument (LI 1775), in 2004, Central Gonja District was carved out of the District.North Gonja was also carved out of the district in 2012 by LI 2069.Damongo is the capital of the district and also serve as the seat of the overload of the gonja Kingdom.
According to the 2010 Population and Housing Census(2010 PHC), the district has a total population of 41,180 (50.2% male and 49.8% female), thus,1.7% of the total population in the northern region.And a household population of 40,269 with 6,255 households.
There are twenty-two (22) ethnic groups in the district.The major groups in order of magnitude include:Gonja, Hanga,kamara,Dagomba,Tampulma,Frafra and Dagaaba.The main festivals of the district are Damba and fire festival (Jintigi).
Religiously,the district is made up of the following groups in their proportions:Islam (41.7%), Catholic (26.3%), pentecostal (8.0%), and traditional worshippers (5.4%).
The district has eighty-five (85) basic schools and second cycle institutions.Thus,34 kindergartens and nursery,33 primary schools,17 junior high schools,3 senior high schools,1 agricultural college and a nursing/health assistant training college.
The main economic activity of the district include farming,agro processing and trading in foodstuff.Infact,60.5% of the population are engaged in agriculture.Also,more than 6 out of 10 of the population(65.3%) of households in the district are into agriculture.Crop farming is the main agricultural activity(89.4%) of households engage in it.Livestock rearing accounts for (50.1%) and tree planting (0.5%).
There is high inter-ethnic marriages and peaceful co-existence-unity in diversity in the district.(See the 2010 PHC with focus on West Gonja District for more).
Noteworthy also is the fact that,the district used to credit itself with a magistrate court (community tribunal).But in plain language,the court has been moved to Bole,a sister community since 2015 for certain reasons.
It is widely speculated that one of such reasons is the undue traditional interference in the normal work of the court.(He is my uncle, he is my sisters brother's brother,he is my this, he is my that, so we can solve this matter at home by consulting our elders (traditional authorities); meanwhile the matter is criminal).
It is also rumored that the magistrate at the time complained of the lack of accommodation.Thus, the district could not provide accommodation for the magistrate.(not strictly confirmed). (Traditional interference + Lack of accommodation for magistrate=court moved to Bole).
Indeed,these speculations notwithstanding,it seem to fly in the face of every reason that a district like West Gonja is without a community tribunal for this while.Better a mouse in the pot than no meat at all (To have something,no matter how little or poor in quality, is better than to have nothing at all). And the situation seem normal.We are all silent willy-nilly.As the book of proverbs will make us understand,foundations are being destroyed,what can the righteous do?This is the outcry of the silent community.As a matter of fact,when the diseased is not cured of his disease,the diseased become deceased.Similarly,When the law in society is not resurrected,the society become lawless.Anarchy everywhere assume the order of the day.And no community has ever seen development without law and order.
Naked truth be told in bold words,the district obviously need a community tribunal to maintain civil and criminal order in order to propel development.With the district court,sanitation laws were fully implemented.I remember the gone days in Damongo where no one needed to tell you to clean your home and the surrounding.The sanitation officers (samasama) just needed to remind us of the now defunct Damongo district magistrate court and we were out there cleaning every corner of our communities.Are you now surprised that of the many toothless bye-laws by the West Gonja District Assembly against rosewood and charcoal burning,none was implemented?There is no institution of law to interpret and effectively enforce the laws.The many trees are gone and the remaining few are still going.
Undeniably,district courts handle cases that bother on the core of society:cases that affect social cohesion,family lives,land litigating,landlords and tenants, children's wellbeing, gender based violence,criminal cases,defilement,indecent assault inter alia.It is the face of the law.
In his "practice and procedure in the trial courts and tribunals of Ghana,"Justice Brobbey (JSC) states that, "the magistrate has been described as the face of the law,the rational for this being that most people have their first and sometimes the only brush with the law at the magistrate level and therefore tend to view the law as a whole from that experience."So, we can effectively engender public trust and confidence in the justice delivery system in Ghana through the district magistrate courts.
Some useful facts:
Indeed, the courts Act of 1993 (Act 459),section 39 establishes:(a) Circuit Courts;(b)District Courts;(c) Juvenile Courts;(d) the National House of Chiefs,Regional Houses of Chiefs,and every traditional council, in respect of the jurisdiction of any such or council to adjudicate; (e)Such other lower courts as parliament may by law establish.
Section 45-establishment of District Courts-
(1) There shall be in each District of the country such District Courts as the Chief Justice may determine.
(2) There shall be assigned to each District Court,a Magistrate who shall be appointed,subject to the approval of the president,by the Chief Justice on the advice of the judicial council.
(3) The Chief Justice shall specify the area of jurisdiction of each District Court.
Just to state that the traditional courts are important as well.But they are limited in jurisdiction to matters affecting only chieftaincy.They also complement the efforts of the superior and inferior courts by offering useful advice on customary matters.
(See section 47 and 48 of of the courts Act of 1993 (Act 459)-Jurisdiction of District courts,and section 51-General powers of District Court for more insights on the jurisdiction and general powers of community tribunals).
Just to touch on some of them,district courts intervene in matters relating to ownership,possession or occupation of land where the value does not exceed 50 million cedis;personal actions arising under contract or tort for the recovery of any liquidated sum when the amount claimed does not exceed 50 million cedis;in diverse and matrimonial cases or matters and actions for paternity and custody of children,succession to property of a deceased person;an offence punishable by a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 2 years or both,abetment of or conspiracy in respect of any such offence;any other offence except an offence punishable by death or imprisonment for life or an act declared by any enactment to be first degree felony;in landlord and tenant cases;in ownership,possession,occupation and title to land cases;every Magistrate by general powers may administer oaths,take solemn affirmations and declarations,make such decrees and orders,issue such process and exercise such powers,judicial and ministerial in relation to or for administration of justice as are prescribed by any enactment,rule of court or District Court.So you see why West Gonja District is missing out badly!
It is well to note,just like the former president of U.S.A, Barack Obama rightly put it that,all we need as a people are strong institutions and not strong men.Our institutions are going and as young voices,we are duty called to rise up in one accord and stand for the community and posterity.Our law court must not go like that.We have the locus standi from the forgoing reasons to clamor for a resurrection or come back of our court .Let's make a strong case to that effect.Let's safe ourselves the travel expenses involved in seeking legal services elsewhere when such services could have been delivered at our doorsteps by community tribunals.It is called decentralisation.The vulnerable in society must be protected.We must have quick access to justice.Our society must develop pari passu irrespective of race, creed, colour,culture and other colourations.Our law court is our security and hope.It is the strength of the weak and the voice of the marginalised.Disorder in society must not be our order.Graft must not effectively become the law in our society.
And all who agree must join me to say,resurrect or bring back our court.
May the good lord bless us all.
The writer is a teacher by profession,a freelance journalist,youth advocate,blogger/writer and a student at the University of Ghana Business School pursuing Bachelor of Science in Administration with a major in Public Administration.
Read more of his works on (ananpansah-ab.blogspot.com).
By ANANPANSAH,B ABRAHAM(AB)
(The Village Writer)
0241129910/0200704844
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