Justice Angelina Mensah-Homiah, a Justice of the Court of Appeal, has cautioned chiefs within the Asogli State not to adjudicate criminal matters under the Alternative Dispute Resolution (ADR) mechanism.
Speaking during an ADR sensitisation engagement with the Asogli State Council, Justice Mensah-Homiah stressed that matters such as rape, defilement, murder, assault, and other criminal offences were strictly within the jurisdiction of the formal court system.
She explained that although ADR had proven to be an effective tool for promoting peace and easing congestion in the courts, its mandate does not cover criminal cases.
“ADR is here to help resolve disputes, but criminal matters cannot and should not be settled through ADR,” she emphasised.
She urged the chiefs to continue providing leadership in resolving civil conflicts brought before them, but to promptly refer all criminal cases to the appropriate state authorities.
Togbe Kasa III, Dufia of Ho-Ahoe, speaking on behalf of the chiefs, welcomed the sensitisation exercise and called for a wider public acceptance of ADR.
He noted that many households and community disputes could be resolved more amicably through dialogue than through litigation.
“ADR is something everybody must embrace,” he said.
“Most disputes in our homes have quicker and more peaceful ways of resolving them. When resolutions are made through ADR, there is always peace. People leave the table shaking hands and return home happier.”
However, Togbe Kasa III strongly agreed that criminal matters especially rape, defilement, and serious assaults must never be settled at home, through chiefs, or at Church levels.
He warned that attempting to handle such cases informally deepened trauma for victims denying them justice.
“Look at the stigma a child or a woman faces after such an offence. How can the community protect her if the case is settled at home?” he asked.
He added that offenders must face legal consequences, noting that leniency in such cases emboldens perpetrators and endangers vulnerable persons.
Togbe Kasa III also called for intensified public education on ADR and legal processes, especially in schools, to ensure that young people understood which matters could be mediated and which required formal prosecution.
He commended the Judicial Service for engaging traditional authorities and pledged the Asogli State Council’s commitment to promoting peaceful dispute resolution while upholding the law.
GNA
