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Afenyo-Markin slams Tribunal Bill, warns of justice chaos and threat to judiciary independence

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Minority Leader Afenyo-Markin has opposed the Tribunal Bill’s key provision, warning that district/regional tribunals could create a parallel justice system and unleash justice chaos on Ghana’s judiciary.

Speaking during parliamentary proceedings on Thursday, July 16, 2026, Afenyo-Markin called for the complete removal of Clause 4 of the bill, arguing that the country’s current court system is capable of delivering justice if adequately resourced.

“Mr. Speaker, I move that the entire Clause 4 be deleted. My reason is very simple,” the Minority Leader told Parliament.

Also read: Parliament passes tribunals Bill, 2026; Awaits Mahama’s assent

Courts exist

The Tribunal Bill, 2026, currently before Parliament, seeks to revive Ghana’s constitutional tribunal system by establishing district and regional tribunals to operate alongside conventional courts.

The Government says the reforms are intended to improve access to justice, strengthen judicial efficiency, and implement Article 126 of the 1992 Constitution, which provides for tribunals within Ghana’s judicial structure.

However, Afenyo-Markin argued that the Constitution merely gives Parliament the option – not the obligation – to establish such tribunals.

According to him, lawmakers should focus on improving the existing judiciary instead of creating new judicial institutions.

“The Constitution says Parliament may determine. I am saying that this Parliament must know that the justice architecture we have is not a broken architecture,” he stated.

Introducing justice chaos

Questioning the rationale behind the proposal, the Minority Leader said Ghana already has a clearly defined court hierarchy comprising district courts, circuit courts, High Courts, the Court of Appeal and the Supreme Court.

He warned that introducing another layer of courts could complicate justice delivery.

“What kind of chaos are we introducing? You have a district court, you have a circuit court, you have a High Court, you have a Court of Appeal—you have a judiciary architecture that is not broken,” he argued.

Afenyo-Markin stressed that disagreements with certain judicial rulings should not become the basis for creating what he described as a competing justice system.

“The disagreement we may have with certain pronouncements of certain judges does not mean that we create some parallel structures and call it a justice system,” he said.

More investment in Judiciary

The Minority Leader questioned the intended jurisdiction of the proposed tribunals, asking whether they would hear civil or criminal matters and how they would integrate into Ghana’s existing judicial hierarchy.

He maintained that the bill lacks sufficient clarity on the role and authority of the proposed tribunals.

Rather than establishing new courts, Afenyo-Markin urged government to channel resources into modernising the judiciary through Digitisation of court processes, Improved court infrastructure
Better logistics for judges, Faster case management systems, and Increased funding for judicial administration.

According to him, these reforms would enhance justice delivery without creating institutional duplication.

Government defends Tribunal reforms

The Tribunal Bill, 2026 forms part of the government’s broader judicial reform agenda aimed at operationalising Article 126 of the Constitution, which has remained largely inactive for decades.

If passed, the legislation will establish constitutionally backed district and regional tribunals with oversight mechanisms, due process guarantees and human rights safeguards to complement Ghana’s conventional court system.

The Government argues that the reforms will expand access to justice, particularly in underserved communities, while ensuring that tribunal proceedings remain subject to constitutional protections.

The Minority, however, insists that strengthening existing courts remains the most effective solution rather than creating justice chaos with the tribunal bill.

Afenyo-Markin warned that creating additional tribunals risks confusing litigants, duplicating judicial functions and eroding public confidence in Ghana’s justice system.

The Tribunal Bill, 2026, was subsequently passed by the House after the Minority abandoned the process in protest.

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