The Majority Chief Whip and South Dayi Member of Parliament, Rockson-Nelson Dafeamekpor, has argued that the reintroduction of regional tribunals is not a new judicial experiment but a constitutional obligation.
According to him, the 1992 Constitution expressly provides for regional tribunals, making their establishment a mandatory requirement for successive governments.
Speaking on Channel One TV’s The Point of View on Monday, July 20, Mr Dafeamekpor said Article 142(1) of the Constitution provides the legal basis for regional tribunals, while Article 295(1) recognises tribunals as part of the broader definition of courts.
He therefore rejected arguments that tribunals are separate from Ghana’s mainstream judicial system.
“A tribunal is only a type of a court,” he said, stressing that the institutions form part of the country’s constitutionally recognised justice administration system.
The MP further argued that any public official who takes an oath to uphold the Constitution but refuses to establish institutions expressly provided for under it could be acting in breach of the constitutional framework.
His comments follow Parliament’s passage of the Tribunals Bill, which has triggered debate over the place and role of tribunals in Ghana’s justice system.
Former Vice President and New Patriotic Party (NPP) flagbearer, Dr Mahamudu Bawumia, has urged President John Dramani Mahama not to assent to the legislation until broader consultations are held.
Dr Bawumia has expressed concern that changes to the judicial structure should be based on national consensus and should not undermine public confidence in the administration of justice.
Mr Dafeamekpor, however, maintained that the legislation seeks to restore a constitutional component of Ghana’s judicial system rather than create an entirely new structure.
He said regional tribunals had previously handled serious criminal cases, including robbery, and served as a training ground for some judges who later joined the mainstream judiciary.
The MP explained that although amendments to the Courts Act in 2002 removed some tribunals from the judicial structure, regional tribunals remained constitutionally protected because their establishment is expressly provided for under the 1992 Constitution.
