Special Motor Court Set Up

By William Yaw Owusu

Friday, 12 January 2007
THE effort to curb indiscipline among motorists and reduce accidents on the country’s roads has received a major boost with the re-inauguration of a special motor court to try traffic offences. The re-inauguration was performed in Accra yesterday by the Chief Justice, George Kingsley Acquah.

The Chief Justice said the inability to re-establish the motor courts sooner was due to the non-availability of accommodation and court houses for judges and magistrates, saying that "those to handle such cases are not a problem for the service."

He appealed to the government to step up funding for the Judicial Service to ensure appropriate working conditions for judges and to enhance efficiency.

He also warned indisciplined drivers to change their attitude, saying "The vacation that they enjoyed from prosecution of motor traffic offences is now over."

Chief Justice Acquah deplored the attempt by some district assemblies to direct and control magistrates in the performance of their judicial functions because they provided court houses and accommodation for the judicial service.

"There are indications of some hot tensions in some districts between powerful individuals and groups against the magistrate, resulting in an appeal to my office for the transfer of the magistrate.

"In one case, I visited the district myself, and the Chief Executive there explained to me that the basis of their action was that the magistrate remanded in prison custody some people brought before him. Some of those remanded were staff of the assembly and he therefore directed the magistrate to release them on bail but he refused.

"The Constitution of this country does not empower any DCE, individuals, body or institutions to issue such an illegal or unconstitutional directive as provided in Article 127 (2)", he stated.

For his part, Mr Joe Ghartey, Attorney-General and Minister of Justice, said the Road Traffic Act 663 of 2004 has been streamlined to meet current challenges and urged the public not to see the new law as an instrument for punishment but rather to bring sanity on the roads.

He commended the Chief Justice for always striving to ensure that justice was brought to the doorsteps of all manner of people.

The Assistant Commissioner of Police in-charge of the Motor Traffic Unit, ACP Victor Tandoh, said curbing indiscipline on the roads is a shared responsibility between the police and the public, saying "In most cases the blame is always shifted on the police and to some extent the judiciary".

Mr Joe Osei-Owusu, Chief Executive of the Driver and Vehicle Licensing Division (VELD), said there should be an attitudinal change on the part of road users particularly motorists as well as the strict enforcement of the law to ensure accident free country.

The president of the Ghana Bar Association (GBA), Solomon Kwame Tetteh, said the re-introduction of the motor court should not be seen as a revenue earning venture but rather as the judiciary’s contribution towards road safety campaign in the country.

The special court which used to operate in the past ceased to operate in the 1970s when the Trades Union Congress, whose property was being used as the court took back their premises.

The new court, situated at the Greater Accra Regional Tribunal building, has the status of a magistrate court and will handle solely motor traffic cases.

It forms part of the Judicial Services’ agenda to create specialised courts to ensure effective delivery in the country.