Supreme Court nominee, Justice Kweku Tawiah Ackaah-Boafo, has underscored the need for comprehensive judicial training on the African Continental Free Trade Area (AfCFTA) to prevent rulings that could inadvertently undermine the continent’s economic integration efforts.
Appearing before Parliament’s Appointments Committee on Friday, 20 June, Justice Ackaah-Boafo cautioned that Ghanaian judges must fully understand the AfCFTA framework—especially as Ghana hosts the secretariat—because many trade disputes are likely to originate in the country.
“For our purpose, though, I propose that the mechanism may not be sufficient, as it may not give only state parties standing,” he said. “That is why in Ghana, where we have the headquarters, our judges must be trained on the concept of the AfCFTA because many of the disputes may start from us.”
He warned that legal misinterpretation of the agreement could result in damaging court decisions. “If we don’t understand the agreement, I think we may use our Order 25 to impose an injunction, and the entire market may collapse,” he cautioned.
Justice Ackaah-Boafo called for reforms to the current dispute settlement mechanism under the AfCFTA, which only permits state parties to file cases. He argued that this excludes small businesses and individuals who may also face cross-border trade disputes.
“If Uncle Kwaku’s company is in dispute with a company from Kenya, then it’s the State of Ghana that must be fighting for you. That is where I take the position that the dispute settlement mechanism under AfCFTA ought to be looked at to give SMEs and individuals standing,” he explained.
He acknowledged that businesses could still insert their own dispute resolution clauses in contracts but stressed the importance of equipping Ghana’s judiciary to manage trade matters effectively.
“Let Ghanaian judges be trained on the AfCFTA because we have the headquarters, and they will come to us. We ought to understand the market and how it will operate,” he concluded.
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