Anloga: The 'Awadada' Arbitration Court of the Anlo State, known locally as 'Ag?wow?nu,' in the Volta region, remains the paramount traditional court of arbitration for the Anlo people. The court's primary role is to adjudicate disputes related to land, chieftaincy, and stool matters that have not been resolved by lower levels of traditional authority.
According to Ghana News Agency, the Court, located in Anloga, the traditional capital of the Anlo State, is rooted in a time-honored hierarchy of customary dispute resolution. Mr. Silas Kwame Aidam, the Court's Secretary, explained that disputes initially go before the head of the affected family. If unresolved, they are escalated to the town chief and then to the divisional chiefs. Cases that still resist resolution are finally brought to the Awadada Arbitration Court.
The Court is recognized as a cornerstone of peacebuilding in the region, having settled numerous potential conflicts among families and communities over generations. Mr. Aidam noted that chieftaincy disputes, land disagreements between Anlo towns, and other complex issues are among the cases the Court addresses.
The Court operates under the ultimate authority of the Awadada of Anlo State, Togbi Agbesi Awusu II, with Togbi Zewu IV overseeing its activities. Its composition includes representatives from all three divisions of the Anlo State, promoting unity and acceptance of the Court's decisions.
Mr. Aidam highlighted the Court's authority under Ghanaian law, with the 1992 Constitution acknowledging customary law as part of the nation's common laws. The Chieftaincy Act of 2008 further reinforces this authority, allowing chiefs to act as arbitrators under customary law. The Alternative Dispute Resolution Act of 2010 also supports customary arbitration, making the process legally binding.
The Courts Act of 1993 permits judges to refer certain cases back to customary arbitration, recognizing the complementary role such courts play alongside formal judicial systems. However, the scope of customary arbitration is limited, excluding serious felonies, which are handled by formal courts.
Traditional leaders in Anlo have noted that the dual foundation of custom and statute lends significant weight to the Court's rulings, making decisions not just traditional pronouncements but legally binding under Ghanaian law. As disputes continue to emerge in the Volta Region, the Awadada Arbitration Court is seen as crucial to maintaining peace, ensuring that both Anlo tradition and Ghanaian law speak with a unified voice.