Ghana Bar opens constitutional review of Mahama’s tribunal law

The Ghana Bar Association has begun a constitutional review of Ghana’s new tribunal law, focusing on concerns about the powers, independence and decision-making processes of the proposed tribunals.

The association says its Legal Committee, chaired by lawyer Ace Ankomah, will also examine the legislation’s appointment procedures, fair-trial protections and relevance to Ghana’s present constitutional system.

GBA President Efua Ghartey announced the review at the association’s 2026/27 annual conference in Ada on Monday, September 14.

“This Act has attracted significant attention, and the Bar has not been left out,” she said.

“The Bar’s Legal Committee, headed by Ace Ankomah, is seized with this matter, having started analysing and researching this important matter, and shall in due course make its position known.”

The review follows President John Mahama’s assent to the Tribunals Bill in August, despite opposition from the Minority in Parliament, organised labour and former Vice-President Dr Mahamudu Bawumia.

Dr Bawumia had urged the President to pause the process and allow further national discussion of the legislation.

Mrs Ghartey said the GBA would not rush to announce its position but would first subject the law’s provisions to detailed legal and constitutional scrutiny.

She identified the jurisdiction given to the tribunals and the institutions or officials responsible for appointing their members as important areas of examination.

The committee will also assess how the tribunals reach decisions and whether their procedures meet Ghana’s constitutional standards for a fair trial.

“However, it is pertinent to note that the Bar shall carefully examine its provisions against constitutional standards—from the jurisdiction conferred, the appointing authorities, the mode of arriving at decisions, fair-trial

standards, independence of the tribunals, and its necessity in this our present time, guided by our history of such tribunals,” Mrs Ghartey said.

The independence of the tribunals is expected to be one of the central questions in the association’s assessment.

That examination is likely to consider whether the institutional design and appointment arrangements provide sufficient safeguards against interference.

The GBA’s reference to Ghana’s history of tribunals also indicates that the review will extend beyond the wording of the legislation to the country’s previous experience with such bodies.

Mrs Ghartey said the broader question of whether the tribunals were necessary under Ghana’s present constitutional order would form part of the committee’s analysis.

She pledged that the association would continue to demand that state institutions and legislation conform to the Constitution.

“Rest assured that the Bar will not relent in its efforts to hold statutory and governmental bodies to the constitutional standards of our country for our common good,” she said.

The GBA has not indicated when its Legal Committee will complete its work or when the association’s formal position will be published.

It is also not clear from the information provided whether the association could recommend amendments, support a legal challenge or seek further engagement with the government if it identifies constitutional concerns.