Feature: The Tribunals Bill, 2026: Constitutional Revival Or Return To The Past? A Judicial Perspective
The Tribunals Bill, 2026, is presently before Parliament, reigniting a national debate on the role of tribunals within Ghana's constitutional democracy. The Bill has attracted divergent opinions from Members of Parliament, senior lawyers, academics, and civil society organisations. Some view the Bill as an important reform intended to improve access to justice and reduce the backlog of cases in the ordinary courts. Others fear it may revive memories of the Public Tribunals established during the Provisional National Defence Council (PNDC) era, which were criticised for alleged violations of fundamental human rights and natural justice principles.
Article 125(1) of the 1992 Constitution provides that justice emanates from the people and shall be administered in the name of the Republic by the Judiciary. Article 125(2) expressly states: "The citizens of Ghana shall participate in the administration of justice through the institutions of public and customary tribunals and the jury and assessor systems." This provision demonstrates that the framers of the Constitution deliberately envisaged tribunals as part of the administration of justice.
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Ghana's Parliament is currently debating the Tribunals Bill, 2026, sparking national discussion among MPs, lawyers, academics, and civil society.
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