Paul Adom-Otchere and NPP MPs challenge Tribunals Act constitutionality

Two members of the New Patriotic Party (NPP) in Parliament, along with prominent broadcaster Paul Adom-Otchere and three other individuals, have filed a lawsuit at the Supreme Court challenging the constitutionality of the Tribunals Act, 2026 (Act 1181). The plaintiffs argue that the legislation, which was recently enacted to overhaul aspects of the judicial system, directly conflicts with the 1992 Constitution. Specifically, the suit contends that the Act undermines established judicial power and the fundamental principle of judicial independence in Ghana.

The legal challenge follows the passage of the Tribunals Act by Parliament in July 2026, which was subsequently signed into law by President John Dramani Mahama. The government has defended the Act as a necessary reform intended to create specialized courts that would expedite legal processes and reduce the backlog of cases within the traditional court system. However, the plaintiffs maintain that the mechanisms used to achieve these efficiencies infringe upon the constitutional protections that safeguard the judiciary from executive or legislative interference.

In their writ, the plaintiffs are asking the Supreme Court to declare several specific sections of Act 1181 as unconstitutional, null, and void. They argue that by creating these specialized tribunals with certain powers, the Act effectively creates a parallel judicial structure that is not envisioned or permitted under the existing constitutional framework. This move has sparked significant debate within the legal fraternity, with some stakeholders expressing concern over the potential for the Act to be used to bypass the standard protections of the High Court.

As the case proceeds to the Supreme Court, it is expected to test the limits of the legislature's power to restructure judicial proceedings. The outcome will have far-reaching implications for how specialized courts are established in the future and will likely clarify the extent of the Chief Justice's authority in relation to new legislative mandates. For now, the implementation of the Tribunals Act remains under a cloud of legal uncertainty as the nation awaits the highest court's interpretation of its validity.