Regional tribunals are not “rogue” bodies but constitutionally required courts at the heart of Ghana’s justice system, the Majority Chief Whip has insisted, as a political row deepens over a new law to restore them.
Rockson‐Nelson Dafeamekpor, who is also the MP for South Dayi, said any government that refuses to establish regional tribunals after swearing to uphold the 1992 Constitution is itself acting unconstitutionally.
“Anybody who swears to defend the Constitution and refuses to establish the regional tribunals is in breach of the Constitution,” he told current affairs programme The Point of View on Monday, 20 July.
His comments come after Parliament passed the Tribunals Bill, which seeks to reinstate regional tribunals as a formal part of Ghana’s court structure, triggering intense national debate.
Constitutional basis at centre of dispute
Mr Dafeamekpor argued that the existence of regional tribunals is not a political preference but a constitutional imperative, rooted in multiple provisions of the 1992 Constitution.
He cited Article 295(1), which defines a “court” to include tribunals created under constitutional authority.
“Let the fact be established that the reinstatement of the tribunal court system as part of our mainstream justice administration system is constitutionally mandated,” he said, rejecting the idea that tribunals are an aberration or an experiment outside the regular judiciary.
According to him, tribunals are “not separate or parallel structures, but simply another category of courts recognised by the Constitution. A tribunal is only a type of a court.”
He also pointed to Article 142(1), which expressly provides for the establishment of regional tribunals. That clause, he stressed, is “mandatory” and leaves no room for any administration to ignore or suspend the courts indefinitely.
Opposition calls for president to block bill
The passage of the Tribunals Bill has drawn criticism from the New Patriotic Party (NPP) leadership.
NPP flagbearer and former vice-president Dr Mahamudu Bawumia has urged President John Dramani Mahama not to sign the bill into law immediately. He is calling instead for broad-based consultations to prevent what he says could be further erosion of public confidence in the judiciary.
Opponents of the bill have also raised concerns about the historical reputation of tribunals, suggesting they carry a controversial legacy and could be susceptible to political interference.
But Mr Dafeamekpor dismissed those characterisations as “misleading” and out of step with the clear language of the Constitution.
‘Part of legal history, not a new invention’
The Majority Chief Whip insisted that regional tribunals have “always” formed part of Ghana’s legal landscape.
He said they have historically handled serious criminal matters, including robbery cases, and acted as an important training platform for judges who later progressed into the higher echelons of the mainstream courts.
In his account, reforms to the Courts Act in 2002 led to the abolition or alteration of some categories of tribunals. However, he stressed that regional tribunals themselves “remained intact” because they derive directly from the Constitution rather than solely from statute.
For that reason, he argued, the new Tribunals Bill does not create a fresh judicial tier but rather “restores a constitutional component” that had, in practical terms, been sidelined.
By reactivating regional tribunals, he suggested, lawmakers are seeking to align Ghana’s operational court system more closely with what the 1992 Constitution envisages, rather than expanding judicial power beyond its intended scope.
The bill now awaits President Mahama’s decision on whether to give it assent, a move that will determine whether regional tribunals are formally re-established across the country – and whether Ghana’s long‐running argument over their place in the justice system is finally settled or further inflamed.
