Two New Patriotic Party (NPP) Members of Parliament and broadcaster Paul Adom-Otchere are among six individuals who have dragged the government to the Supreme Court over the constitutionality of the Tribunals Act, 2026 (Act 1181).
According to a report by adomonline.com, the plaintiffs are asking the court to declare several provisions of the law unconstitutional, arguing that they violate aspects of the 1992 Constitution relating to judicial power, the independence of the judiciary and the administrative authority of the Chief Justice.
The two NPP MPs leading the challenge 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, Manhyia South MP Nana Agyei Baffour Awuah, Bosome Freho MP Nana Asafo-Adjei Ayeh and Odotobri MP Anthony Mmieh.
The writ, dated August 27, 2026, was filed against the Attorney General and Minister for Justice under the Supreme Court's original jurisdiction in constitutional matters.
At the centre of the suit is the plaintiffs' argument that Parliament lacks the constitutional authority to establish the proposed tribunal system, citing Article 126(1) of the Constitution.
They are challenging several provisions, including Sections 2(1)(a) and 4(1), as well as Sections 27(1)(b), 27(3), 29 to 41 and 51 of the Act.
The plaintiffs contend that the provisions improperly regulate the practice and procedure of the tribunal system and interfere with the constitutional exercise of judicial power.
They are also questioning provisions that give administrative responsibilities over the tribunal system to the Judicial Council in consultation with the Tribunal Oversight Committee.
According to the suit, Sections 5 and 49(2) conflict with Articles 125(4) and 127 of the Constitution, while Sections 5 and 44 amount to unconstitutional parliamentary interference in judicial functions.
The plaintiffs further challenge the establishment of the Tribunal Oversight Committee under Section 42 and argue that Section 50(2) limits the administrative authority of the Chief Justice.
The Attorney General has 14 days after being served with the plaintiffs' statement of case to file a defence.
The legal challenge follows Parliament's passage of the Tribunals Bill on July 16, 2026, and President John Dramani Mahama's assent on August 26, despite opposition from the NPP, the Trades Union Congress (TUC) and a boycott by the Minority.
The law is intended to restructure Ghana's tribunal system and establish specialised bodies to handle specific categories of cases.
The filing of the suit does not mean the Supreme Court has determined the constitutionality of the law. The court is yet to hear and decide the matter.
NA









