Accra:Two Members of Parliament from the New Patriotic Party (NPP) and broadcaster Paul Adom-Otchere have filed a lawsuit against the government, questioning the constitutionality of the Tribunals Act, 2026 (Act 1181), at the Supreme Court.
According to Ghana Web, the plaintiffs are seeking a declaration from the court that several provisions of the law are unconstitutional. They argue that these provisions infringe upon the 1992 Constitution, particularly regarding judicial power, the independence of the judiciary, and the administrative authority of the Chief Justice.
The challenge is led by Asante Akim Central MP Kwame Anyimadu-Antwi and Deputy Minority Chief Whip Habib Iddrisu. Other plaintiffs include NPP Second Vice Chairman Henry Nana Boakye, Paul Adom-Otchere, Manhyia South MP Nana Agyei Baffour Awuah, Bosome Freho MP Nana Asafo-Adjei Ayeh, and Odotobri MP Anthony Mmieh.
The lawsuit was filed on August 27, 2026, against the Attorney General and Minister for Justice. At the core of the suit is the argument that Parliament does not have the constitutional authority to establish the proposed tribunal system, as stated in Article 126(1) of the Constitution. The plaintiffs are challenging specific sections of the Act, claiming they improperly regulate tribunal procedures and interfere with judicial powers.
The plaintiffs are also contesting provisions granting administrative responsibilities over the tribunal system to the Judicial Council and the Tribunal Oversight Committee. They assert that certain sections conflict with constitutional articles and amount to unconstitutional parliamentary interference in judicial functions. The establishment of the Tribunal Oversight Committee and limitations placed on the Chief Justice's administrative authority are also being challenged.
The Attorney General has 14 days to respond to the lawsuit. The legal challenge arises after the Tribunals Bill was passed by Parliament on July 16, 2026, and later assented to by President John Dramani Mahama, despite opposition from the NPP and the Trades Union Congress (TUC), and a boycott by the Minority. The Act aims to reform Ghana's tribunal system by establishing specialized bodies for specific case categories. The Supreme Court has yet to hear the case to determine the law's constitutionality.