The Tribunals Bill, 2026, has been formally assented to by President John Mahama, marking a significant shift in Ghana’s judicial landscape despite widespread opposition from the Minority in Parliament, led by Alexander Afenyo-Markin, and former Vice President Dr Mahamudu Bawumia, who vocally urged the President to “pause and let the nation talk.” The legislation, passed by Parliament on July 16, 2026, reintroduces Regional and District Tribunals into Ghana’s judicial system under Article 126 of the 1992 Constitution. This bill represents a significant overhaul of Ghana’s judicial architecture, aiming to create a reformed tribunal system alongside the traditional courts while ensuring constitutional backing and safeguards for due process and human rights. The bill’s passage follows a heated debate in Parliament where the Minority walked out of the chamber, with the Minority Leader, Alexander Afenyo-Markin, initiating the motion to delete Clause 4, which would have removed the establishment of Regional and District Tribunals. He argued that Ghana’s existing judicial architecture was ‘not broken’ and that the Parliament must determine the justice architecture. However, the Majority Opposition, overwhelmingly supported by the Judicial Council, defeated the motion by 135 votes to 16, resulting in a mandatory one-day interval between the consideration stage and the third reading. Dissatisfied with the outcome, the Minority Caucus withdrew from further consideration of the bill, accusing the Majority of refusing to accommodate opposing views. In a televised address on July 19, Dr. Mahamudu Bawumia appealed directly to the President to withhold assent, urging him to pause and allow the nation to discuss the legislation. He questioned the government’s decision to proceed with the bill before publication of the Constitution Review Committee’s report, which had reportedly recommended removing Regional Tribunals from the Constitution. Bawumia further highlighted the position of the Trades Union Congress (TUC), which had called for the bill to be withdrawn, warning that it could become a tool for weaponising justice delivery. The Minority had raised several objections to the bill, including concerns about gaps in Ghana’s legal framework on tribunals, its potential to fundamentally alter the justice delivery system, and the government’s decision to proceed with the legislation prior to the release of the Constitution Review Committee’s report. The government maintains that the legislation is intended to modernize the tribunal system, improve access to justice, and provide specialized adjudication for categories of cases assigned under the Constitution or by statute. The President’s assent to the Tribunals Bill has now become law, though the Minority had earlier warned that if the President signed the bill, the caucus would seek judicial intervention. The Ghana Bar Association and other legal stakeholders are closely monitoring the implementation of the law and assessing its potential impact on Ghana’s legal system. The bill’s impact will be closely scrutinized as it potentially reshapes Ghana’s judicial landscape and governance.”
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Source: MyJoyOnline
