Two New Patriotic Party (NPP) Members of Parliament, broadcaster Paul Adom-Otchere and other party figures have filed a suit at the Supreme Court challenging the constitutionality of the Tribunals Act, 2026 (Act 1181).
The plaintiffs are asking the court to strike down several provisions of the law, arguing that they violate the 1992 Constitution, particularly provisions governing judicial power, the independence of the judiciary and the administrative authority of the Chief Justice.
The NPP MPs behind the suit are Asante Akim Central MP Kwame Anyimadu-Antwi and Deputy Minority Chief Whip Habib Iddrisu. The other plaintiffs are NPP Second Vice Chairman Henry Nana Boakye, broadcaster 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, invoking the Supreme Court’s original jurisdiction under Articles 2(1)(b) and 130(1)(a) of the Constitution.
The plaintiffs contend that Parliament lacks the constitutional authority to establish the proposed tribunal system, citing Article 126(1).
They are seeking declarations that Sections 2(1)(a) and 4(1) of the Act are unconstitutional, alongside Sections 27(1)(b), 27(3), 29 to 41 and 51, which they argue improperly regulate the practice and procedure of the tribunal system.
They also challenge provisions that place administrative authority over the tribunals in the hands of the Judicial Council, in consultation with the Tribunal Oversight Committee.
According to the plaintiffs, 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 the exercise of judicial power.
The suit further questions Section 42, which establishes the Tribunal Oversight Committee as a committee of the Judicial Council, and Section 50(2), which the plaintiffs argue restricts 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 Tribunals Bill on July 16, 2026, despite opposition from the Trades Union Congress (TUC) and a boycott by the Minority.
President John Dramani Mahama assented to the bill on August 26, 2026, as part of 10 bills signed into law covering taxation, national security, judicial reform and social policy.
The NPP had opposed the legislation, with its flagbearer, Dr Mahamudu Bawumia, also expressing opposition to the bill.
The Supreme Court is yet to determine the constitutionality of the challenged provisions. The filing of the suit does not amount to a ruling against the law.
