Minority demands Mahama blocks Public Tribunal Bill, citing democratic concerns

Ghana's Parliamentary Minority has launched a formal appeal to President John Dramani Mahama to withhold presidential assent from the Public Tribunal Bill 2026, arguing that the legislation poses a significant threat to the nation's democratic gains and public confidence in the judiciary.

Minority Leader Alexander Afenyo-Markin made the appeal during parliamentary proceedings, warning that the bill's attempt to reintroduce district and regional public tribunals has stirred anxiety among Ghanaians who associate such structures with a turbulent chapter in the country's history. The Minority contends that establishing these tribunals represents a step backwards rather than a genuine solution to systemic challenges facing Ghana's justice sector.

Why it matters for Ghana

The Public Tribunal Bill represents a fundamental debate about how Ghana should reform its justice system. Ghana's court infrastructure has long struggled with case backlogs, lengthy delays, and limited accessibility for rural populations. While these are genuine problems requiring urgent solutions, the Minority argues that parallel tribunal structures are the wrong approach.

Historically, Ghana's tribunal system—particularly during military regimes—was viewed with suspicion by many Ghanaians as lacking proper legal safeguards and independence. The proposal to revive elements of this model has reignited concerns that such institutions could operate outside rigorous constitutional oversight. The Minority's concern is that public tribunals might undermine the hard-won independence of Ghana's judiciary and erode citizen trust in formal legal processes.

This debate also reflects broader questions about judicial reform in West Africa. Several countries in the region have experimented with alternative dispute resolution and community-based justice mechanisms, but Ghana's particular historical context makes the tribunal proposal uniquely sensitive.

Parliament passes bill despite Minority boycott

The Public Tribunal Bill 2026 was approved by Parliament despite a complete boycott by Minority Members, who refused to participate in the vote. The legislation, as passed, empowers district and regional tribunals to hear specific categories of cases as part of a strategy to alleviate pressure on conventional courts and improve justice accessibility.

Proponents of the bill argue that such tribunals could reduce case backlogs and provide faster resolution for certain dispute categories, particularly in rural areas where access to formal courts remains limited. However, the Minority maintains this reasoning does not justify creating parallel judicial structures.

Alternative paths forward

Rather than establishing new tribunal systems, Afenyo-Markin urged the government to strengthen the existing judicial framework through targeted investments. His proposals include:

• Upgrading court infrastructure across all regions, particularly in underserved areas
• Recruiting additional judicial officers, court staff, and support personnel to handle caseloads
• Providing essential logistical resources to enable courts to operate more efficiently
• Implementing case management reforms within the existing constitutional structure

The Minority Leader stressed that any justice system reforms must reinforce Ghana's constitutional architecture rather than circumvent it through experimental parallel structures. He argued that strengthening existing institutions would simultaneously address access problems and protect judicial independence.

The ball is now in President Mahama's court. Under Ghana's Constitution, the President has discretionary power to sign or withhold assent from parliamentary legislation. Whether he accedes to the Minority's appeal or grants assent to the Public Tribunal Bill 2026 will be a significant decision shaping Ghana's judicial trajectory in the coming years.