Without terms of reference, the process is undefined

Former Attorney-General and Special Prosecutor Martin Amidu has questioned the legitimacy and clarity of the ongoing Bawku conflict resolution process, citing the absence of publicly available terms of reference guiding the Asantehene’s role.
Amidu said he had unsuccessfully searched for the mandate issued by both the Akufo-Addo and Mahama administrations to the Asantehene, making it impossible to determine whether the process was mediation or arbitration.
“Without the terms of reference, it becomes impossible to state what the powers of the third-party neutral facilitator, mediator, or arbitrator were,” he stated.
According to him, this lack of clarity undermines due process and leaves both the conflict parties and the public uncertain about whether the outcome of the process will be binding.
Amidu stressed that transparency at the outset is essential, particularly in identity-based and intractable conflicts such as Bawku, where outcomes have direct consequences for peace and security.
“This is only possible when the powers of the mediator or arbitrator are known in advance by the conflict parties from the inception of the process,” he said.
He warned that presenting a mediation report without prior clarity on its legal force risks creating false expectations and deepening mistrust among affected communities.




