2 NPP MPs, Paul Adom-Otchere, challenge constitutionality of Tribunals Act at Supreme Court

Two New Patriotic Party (NPP) Members of Parliament and broadcaster Paul Adom-Otchere are among six individuals who have filed a suit at the Supreme Court challenging the constitutionality of the Tribunals Act, 2026 (Act 1181).

The plaintiffs are seeking to have key provisions of the legislation declared unconstitutional, arguing that they conflict with the 1992 Constitution, particularly provisions relating to judicial power, the independence of the judiciary and the administrative authority of the Chief Justice.

The two NPP MPs are Asante Akim Central MP Kwame Anyimadu-Antwi and Deputy Minority Chief Whip Habib Iddrisu. The other plaintiffs include NPP Second Vice Chairman Henry Nana Boakye, Paul Adom-Otchere and MPs for Manhyia South, Nana Agyei Baffour Awuah; Bosome Freho, Nana Asafo-Adjei Ayeh; and Odotobri, Anthony Mmieh.

The writ, dated August 27, 2026, was filed against the Attorney General and Minister for Justice, invoking the Supreme Court’s original jurisdiction under Articles 2(1)(b) and 130(1)(a) of the Constitution.

The plaintiffs argue that Parliament lacks the constitutional authority to establish a tribunal system, citing Article 126(1) of the Constitution.

They are asking the court to declare Sections 2(1)(a) and 4(1) of the Act unconstitutional, alongside several other provisions, including Sections 27(1)(b), 27(3), 29 to 41 and 51, which they contend improperly regulate the practice and procedure of the proposed tribunal system.

They further challenge provisions that vest administrative authority over the tribunal system in the Judicial Council, in consultation with the Tribunal Oversight Committee.

According to the plaintiffs, Sections 5 and 49(2) are inconsistent with Articles 125(4) and 127 of the Constitution, while Sections 5 and 44 amount to unconstitutional parliamentary interference in the exercise of judicial power.

The suit also questions Section 42, which establishes the Tribunal Oversight Committee as a committee of the Judicial Council, and Section 50(2), which the plaintiffs argue limits the administrative authority of the Chief Justice.

The Attorney General has 14 days after service of the plaintiffs’ statement of case to file a defence.

The legal challenge follows Parliament’s passage of the Public Tribunal Bill, 2026, in July, despite opposition from the Trades Union Congress (TUC) and a boycott by the Minority.

President John Dramani Mahama has since assented to the Tribunals Bill as part of 10 Bills signed into law covering taxation, national security, judicial reform and social policy.

The filing of the suit does not amount to a determination by the Supreme Court on the constitutionality of the challenged provisions.

The Parliament of Ghana passed the Tribunals Bill, 2026 on July 16, 2026, and President John Dramani Mahama officially assented to it on August 26, 2026, despite the NPP’s opposition to the bill as expressed by its flagbearer, Dr Mahamudu Bawumia.

The Tribunals Bill, 2026, restructures the country’s tribunal system, establishing specialised courts to handle specific categories of cases, including commercial disputes, human rights violations, and election petitions, with the aim of expediting the administration of justice.