Parliament Passes Tribunal Bill Amid Boycott By Opposition Party

Spread the love

The Parliament of Ghana has concluded its consideration of the Tribunals Bill which seeks to establish regional and district tribunals with the aim of reducing the caseload of established courts across the country. The Bill passed at the midnight of Friday, 17th July 2026 after a long debate over the objectives anchoring the bill resulting in a walk-out by the minority group after losing a vote at the conclusion of the debate. According to the minority, the passage of the tribunals bill is needless and could return Ghana to what they call “dark days” of military regimes where such public tribunals were used to persecute some Ghanaians who were suspected to have engaged in alleged crimes without recourse to their fundamental human rights to fair trial. They argued that Ghana has made progress with democracy with a functional judicial system that urgently needs support in terms of expansion of courts, technology upgrade, and empowerment of judges.

Leader of the Minority, Alexander Afenyo-Markin (MP, Effutu), at consideration stage of the bill moved for deletion of clause 4 entirely, stating that the creation of tribunals would breed chaos in the justice system as they will run parallel to the courts. In his opinion, tribunals are not necessary however just because the 1992 Constitution provides for the establishment of a tribunal does not mean the government should proceed to enact a legislation establishing them.

“This parliament must know that the justice architecture we have is not broken; the framers of the constitution did not impose this on us, so no one should take solace in that provision of the constitution,” he said

Clause 4 of the Tribunals Bills establishes regional and district tribunals in the country in accordance with Articles 125(2), 126(1), and 142, to be run as an independent entity under the Judicial Council of the Judiciary branch of government with an oversight committee to check its work.

The Attorney-General and Minister of Justice, Dr. Dominic Ayine (MP, Bolgatanga East), in a response to the minority leader sought to allay fears by assuring Ghanaians the said enactment has provided an effective guardrail which will ensure that the tribunals do not engage in excesses.

He said, “He [minority leader] has said a lot of misleading things that are textually incorrect. Article 125 provides an integrated judicial system. We are not creating a parallel justice system, we are amplifying the provision of the constitution.”

The Attorney-General noted the sensitivity of the subject owing to what similar establishments did in the 1980s, as captured in the memorandum accompanying the bill. However, the reactivation of regional tribunals conforms with provisions of the constitution which recognises the participation of citizens in the administration of justice working in tandem with traditional courts by reducing their caseloads. Decisions take by the regional and district tribunals are subject to appeal where the Court of Appeal and the Supreme Court can review a decision by the regional tribunal while district tribunal decisions can be reviewed by the High Court, Court of Appeal, and the Supreme Court.

The regional tribunal has the powers of a High Court that has appellate jurisdiction over the district tribunal. With coming into force of the Act after presidential assent, cases that would be heard by the tribunals include offences specified under chapter 4 of part three of the Criminal Offences Act, 1960; Narcotics Control Commission Act, 2020; Income Tax Act, 2015; Customs Act, 2015; and Minerals and Mining Act, 2006. Other offences that can be tried in the tribunals include those involving economic fraud or acts causing financial loss to the state.

The minority leader’s proposed amendment was defeated by votes first by voice of the Members of Parliament echoing their responses “aye” or “no” and secondly by a headcount of MPs present after the result of the voice vote was challenged by the minority caucus. In both votes, the noes carried the day meaning that clause 4 as provided in the bill stands. By headcount, the minority lost by 135-16 out of 151 MPs who were present at the time decision was taken. Based on that outcome, the minority walked out of the chamber en mass refusing to participate in the continuation of the consideration of the bill.

On the night into the early morning that Tribunals Bill, 2026 was passed, Majority Leader and Leader of Government Business, Mahama Ayariga (MP, Bawku Central) was grateful to parliament for seeing through the bill was passed in fulfillment of a campaign promise by the governing National Democratic Congress assuring citizens the tribunals will deliver justice in a fair manner while respecting the fundamental human rights of all persons and concerns of civil society have been taken on board.

Leave a Reply