The Mahama administration has taken another step towards fulfilling one of the National Democratic Congress’ (NDC) 2024 campaign promises with the laying of the Tribunals Bill, 2026 before Parliament.
Presented by the Attorney-General on July 6 after nearly two years of consultations, the bill seeks to revive public tribunals under Ghana’s constitutional framework. Government says the move will help fast-track the prosecution of corruption, economic and environmental crimes while easing pressure on the conventional courts.
But the proposal has also revived memories of one of Ghana’s most controversial judicial institutions.
Public tribunals, particularly during the Provisional National Defence Council (PNDC) era, were criticised over concerns about due process and judicial independence. For many Ghanaians, those memories remain difficult to separate from the current proposal. For 60-year-old Vida, the thought of tribunals brings back painful memories.
“That period left very bad memories for those of us who lived through it,” she said.
The new bill, however, seeks to distinguish the proposed tribunals from those of the past by placing them within Ghana’s existing constitutional and judicial framework.
It proposes two categories of tribunals: Regional Tribunals, which are already recognised under Article 126 of the 1992 Constitution, and District Tribunals.
The Regional Tribunals would have concurrent jurisdiction with the High Court in specified criminal matters, while the District Tribunals would exercise concurrent jurisdiction with the Circuit Courts in criminal cases, excluding offences such as treason, offences triable on indictment and crimes punishable by death.
The proposal has, however, drawn criticism.
Member of Parliament for Manhyia South and a member of Parliament’s Constitutional, Legal and Parliamentary Affairs Committee, Nana Agyei Baffour Awuah, argues that establishing new tribunals would duplicate the work of existing courts.
“We already have a court system. In the last eight years, more than 120 new courts have been built across the country. If specialised courts are needed, the Chief Justice already has the constitutional power to create specialised divisions of the High Court,” he said.
One notable feature of the bill is its emphasis on offences under the Minerals and Mining Act, 2006 (Act 703), suggesting the tribunals could become a key legal tool in tackling illegal mining and other environmental crimes.
For some members of the public, what matters is not the name of the court but whether justice is delivered more quickly.
“Ghana’s legal system is very slow. If this helps fast-track galamsey cases, then it is a step in the right direction,” Kojo, an Accra resident, said.
The Tribunals Bill has only begun its legislative journey. It will now be referred to Parliament’s Constitutional, Legal and Parliamentary Affairs Committee for scrutiny before returning to the House for debate.
Whether it eventually becomes law could determine if public tribunals once again become part of Ghana’s justice system and whether the country can embrace them without repeating the mistakes of the past.
By Enyonam Haligah
