Ghana's Parliament has approved a Bill to reintroduce public tribunals. This controversial legislation passed on Friday, July 16, 2026, during a late-night session. The Bill now awaits the President's final approval to become law.
The reintroduction of public tribunals has sparked significant debate and concern among legal experts and civil society. These tribunals were historically associated with summary justice and a lack of due process. Critics argue that their return could undermine the rule of law and lead to arbitrary judgments.
The 1992 Constitution of Ghana currently includes provisions for public tribunals under Articles 126 and 142. However, a review committee chaired by Professor H. Kwasi Prempeh in 2025 recommended their complete removal. This committee advised the President to "hit the delete button" on the tribunal system, advocating for more regular courts instead.
Professor Kwesi Yankah, a prominent academic, has strongly criticized the move. He highlights the painful memories associated with past tribunals, referencing the "Orphans of June 4" who lost family members to swift, often unfair, trials. These historical tribunals, sometimes called "kangaroo courts," were known for quick judgments and severe sentences, including long jail terms and forced public labor for economic crimes.
The Bill's proponents suggest that public tribunals offer a faster alternative to the current judicial system. They argue that existing courts are too slow, allowing individuals accused of serious crimes to evade justice. This perspective views the tribunals as a solution to perceived inefficiencies and a means to ensure accountability for "big thieves."
However, the Minority caucus in Parliament, led by Honorable Afenyo, protested the Bill's passage. They walked out of the session on July 16, 2026, to register their opposition. This highlights the deep divisions within the political landscape regarding the reintroduction of these judicial bodies.
The potential implications of this Bill are far-reaching for Ghana's legal framework and human rights. If signed into law, it could alter the balance of power within the judiciary and impact citizens' rights to fair trial. Observers will closely watch the President's decision, as it will signal the government's commitment to due process versus its desire for expedited justice.
The reintroduction of public tribunals also raises questions about Ghana's democratic progress. It evokes a period in the nation's history marked by revolutionary justice rather than established legal norms. The decision will shape perceptions of Ghana's adherence to constitutional principles and international human rights standards.
Civil society organizations, with the exception of the Trades Union Congress (TUC), have been largely silent on the issue. This lack of widespread public outcry is notable, given the historical context and potential impact of the legislation. The President's final assent will be a critical moment for Ghana's legal future.