Tribunal Bill Should Be Assessed on Due Process, Not Politics – Lawyer
Private legal practitioner, Nicholas Osei Darkwa, has urged the public to focus on whether due process was followed in the passage of the Tribunal Bill rather than attaching political interpretations to the legislation.
Speaking in an interview on Nkwantannanso on Opemsuo Radio, Mr Osei Darkwa said the key issue surrounding the bill should be whether Parliament acted within its constitutional mandate and followed the required procedures in passing the legislation.
“If there are concerns that Parliament did not follow the proper procedure or lacked the authority to establish the tribunal, those issues can be challenged in court,” he said.
Explaining the concept of a tribunal, Mr Osei Darkwa said it is a type of court where a panel of three people sits to determine matters within its jurisdiction.
He noted that Ghana’s Constitution recognises different categories of courts, including superior courts established by the Constitution and lower courts created by Parliament through legislation.
According to him, Parliament has the authority to create courts and tribunals, provided it operates within the limits of the Constitution.
“The Constitution gives Parliament the power to create courts, and the courts Parliament creates are called lower courts. So the question is whether Parliament has the power to create such a tribunal, and the answer is yes,” he explained.
Mr Osei Darkwa, however, raised concerns about the potential misuse of tribunals, citing Ghana’s history where some tribunals were criticised for affecting individual freedoms.
He said one major concern is that tribunal panels may not always be made up entirely of legally trained professionals, unlike traditional courts where judges have legal backgrounds.
“One concern is that unlike traditional courts where judges are legally trained, a tribunal may have only one legally trained member while the other two members may not have legal backgrounds,” he said.
The lawyer added that because some members of tribunals are appointed by the President, there are concerns that political influence could affect the composition of panels and create room for abuse.
Despite these concerns, Mr Osei Darkwa said tribunals could also have benefits, including improving public participation in justice delivery and allowing people with expertise in different fields to contribute to decision-making.
He explained that the introduction of tribunals is partly connected to the challenges facing Ghana’s court system, which continues to experience pressure due to a growing number of cases.
Background
The Tribunals Bill, 2026 is a bill aimed at reintroducing tribunals in Ghana’s justice system to help improve access to justice, reduce delays in court cases, and ease pressure on the traditional courts. The Bill was introduced by the Attorney-General and Minister for Justice, Dr Dominic Ayine, and was passed by Parliament on July 17, 2026. It has since been forwarded to President John Dramani Mahama for assent before it can become law.
