The quest for the Tribunals Bill, 2026 to be passed into law has brought about a sharp division between the Majority and the Minority in the chamber.
Whereas, the Majority wants the bill passed into law the Minority calling for its total rejection.
In the ensuing controversy, various views have been expressed from Members from each side of the political divide.
At the consideration stage of the Bill commencing on Thursday 16th July, 2026, Osahene Alexander Afenyo-Markin, Minority Leader raised what he called ‘political statement” as why government is in rush to operationalize article 125 of the 1992 to have regional tribunals established.
His was ably supported by The Member of Parliament for Damango, Samuel Abdulai Jinapor who at the second reading of the bill questioned the sudden need for Public Tribunals in the current democratic dispensation when traditional courts are duly functioning.
He maintained that since the inception of the Fourth Republican Dispensation over 30 years ago, the judicial system has been getting on well with Ghanaians, as they seem to have accustomed themselves with. Subsequently, the system must be strengthened to move on properly, instead of resorting to the establishment of Tribunals with their unresent historical antecedents in the country.
Hon Jinapor made these assertions in his contribution to the Second Reading of the Tribunal Bills 2026 on the floor of Parliament last Wednesday, July 8, 2026. He argued that the tribunals with their bitter history and pains in the minds of Ghanaians will not augur well for them. Government should therefore establish more courts to enable it to employ more workers for speedy disposal of cases.
In sharp rebual, the Majority Leader and the leader of government Business, Mahama Ayariga rejected all the sentiments expressed by the Minority describing them ‘hollow’ in the face of law.
He argued that, what the current parliament is seeking to do is just to fulfil constitutional operative by putting into action Article 125 of the 1992 Constitution.
The object of the Bill contained in the report of the joint Committee on Constitutional and Legal, and Judiciary chaired by Shaibu Mahama is to provide for the establishment, jurisdiction, composition and operation of tribunals in accordance with the Constitution and to establish the Tribunal Oversight Committee.
The Bill consists of 59 clauses and a Schedule.
Rational:
The Committee observed that the Bill seeks to provide for the establishment, jurisdiction, composition, and operation of Regional and District Tribunals in the country.
The Attorney-General and Minister for Justice explained that the establishment of the tribunals has become necessary in order to address the backlog of cases in the traditional courts and to promote access to justice.
The Minister indicated that the backlog of cases in the traditional courts continues to increase by approximately 3,360 cases annually, resulting in delays and prolonged adjudication.
The establishment of the tribunals would help reduce this burden and ensure the expeditious disposal of cases.
The Minister further indicated that Article 142 of the 1992 Constitution integrates Regional Tribunals into the judicial structure.
However, Regional Tribunals have become defunct in practice. The Bill therefore seeks to address this lacuna in the legal framework governing tribunals. The Committee was informed that the Bill establishes a modern legal framework for the operation of tribunals in Ghana that reflects the values of constitutional democracy and the rule of law.
It provides a clear legal basis for the establishment and operation of tribunals by defining their jurisdiction, structure, and procedures in accordance with the Constitution. The Bill is also intended to strengthen access to justice, protect the rights of citizens, promote due process and improve the efficient administration of justice, particularly matters requiring specialized or expeditious determination.
The Minister submitted that, if passed, the tribunals would complement the work of the traditional courts by working alongside them to ensure the effective and efficient administration of justice.
Background
Tribunals Bill, 2026, was presented to Parliament by the Hon Minister for Lands and Natural Resources and Member for Ellembelle, Mr Emmanuel Armah-Kofi Buah on behalf of the Hon Attorney-General and Minister for Justice and Member for Bolgatanga East, Dr Dominic Akuritinga Ayine, in accordance with Article 106(1) of the 1992 Constitution and Standing Order 163 of the House and read the first time on Friday, 26″ June, 2026.
The Hon Speaker subsequently referred the Bill to the Joint Committee on Constitutional and Legal Affairs and Judiciary for consideration and report in accordance with Article 106(4) of the 1992 Constitution and Orders 165, 238 and 256 of the Standing Orders of Parliament.
The Joint Committee met with the Attorney-General and Minister for Justice and a technical team from the Office of the Attorney-General to consider the Bill. The Committee expresses its profound gratitude to the Minister and his team for attending upon the Committee to provide clarification on the Bill.
By Edzorna Mensah and S. O Ankamah
