BY Issah Olegor
President John Mahama has assented to the Tribunals Bill, 2026, bringing into force a controversial piece of legislation that faced strong resistance from the Minority in Parliament, organised labour and former Vice President Dr Mahamudu Bawumia.
The President’s decision to sign the Bill comes despite calls for further consultation over the proposed reintroduction of Regional and District Tribunals into the judicial system.
Dr Bawumia had specifically appealed to President Mahama to withhold his assent and allow the country to debate the legislation before it became law.
The Bill was passed by Parliament on July 16, 2026, following a heated debate that exposed deep divisions between the Majority and Minority over the future structure of the justice delivery system.
The legislation seeks to establish a tribunal system operating alongside the traditional courts, with constitutional backing and safeguards intended to protect due process and human rights.
Minority walks out after Clause 4 defeat
The most contentious provision was Clause 4, which provides for the establishment of Regional and District Tribunals.
Minority Leader Alexander Afenyo-Markin argued against the provision, insisting that Ghana’s existing judicial architecture was functioning and did not require the creation of another layer of adjudication.
“The Constitution says Parliament may determine. I am saying that this Parliament must know that the justice architecture we have is not a broken architecture,” he argued.
The Majority, however, rejected the proposal to remove Clause 4. The motion was subsequently defeated by 135 votes to 16, clearing the way for the tribunal provisions to remain in the legislation.
Parliament also waived the mandatory one-day interval between the consideration stage and third reading, allowing the Bill to be passed on the same day.
The Minority Caucus subsequently withdrew from further consideration of the legislation, accusing the Majority of failing to accommodate its concerns.
Bawumia appeals directly to Mahama
Following the parliamentary controversy, Dr Mahamudu Bawumia entered the debate with a direct appeal to the President.
In a televised address on July 19, the former Vice President urged President Mahama not to sign the Bill.
“Mr President, do not sign this Bill. Pause, and let the nation talk,” Dr Bawumia said.
He argued that the legislation could significantly alter the justice delivery system and potentially undermine public confidence in the judiciary.
Dr Bawumia also questioned the decision to proceed with the Bill before the publication of the report of the Constitution Review Committee, which, according to the concerns he raised, had recommended the removal of Regional Tribunals from the Constitution.
He further cited the position of the Trades Union Congress, which had called for the withdrawal of the legislation and warned that the tribunal system could become “a potent tool for weaponising justice delivery.”
Beyond the broader question of whether Regional and District Tribunals should be established, the Minority raised concerns about the composition of the proposed tribunal panels.
The caucus objected to the provision for a three-member panel consisting of one lawyer serving as chairperson and two non-lawyers.
According to the Minority, allowing non-lawyers to participate in determining criminal matters raises serious questions about the administration of justice.
The caucus also expressed concerns about the possibility of the tribunal system being used against political opponents or individuals, drawing comparisons with Ghana’s historical experience with public tribunals during the PNDC era.
