Why Ghana needs Regional Tribunals and why history shouldn’t prevent their establishment

The debate over the establishment of Regional Tribunals in Ghana has once again gained traction with the introduction of the Tribunal Bill, 2026. Some critics argue that previous military government tribunals have been linked to human rights abuses, and therefore, Ghana should not create Regional Tribunals again. However, this line of thinking should not be a reason to dismiss an institution that is constitutionally recognized.

History shows that some tribunals during past military regimes did commit human rights violations. Critics point to the lack of constitutional protections and fair trial rights during those times. However, this historical experience should not lead to an outright abolition of tribunals. Instead, it should serve as a reminder to implement stronger regulation and oversight.

The framers of Ghana's 1992 Constitution deliberately retained Regional Tribunals within the country's superior courts. Articles 126(1) and 142-143 outline the Superior Courts of Judicature, which include the Regional Tribunals. This decision acknowledges the legitimacy of Regional Tribunals within Ghana's justice system.

The Constitution of 1992 provides various constitutional safeguards such as the right to a fair trial (Article 19), administrative justice (Article 23), judicial independence (Article 125(2)), and the principle of fairness, transparency, and efficiency (Tribunal Bill, 2026, clause 3). These safeguards will significantly reduce the chances of arbitrary proceedings.

While the 1992 Constitution allows for Regional Tribunals, Parliament can enact legislation to clearly define their jurisdiction, appointment procedures, qualifications, criminal procedure, appeals, judicial ethics, and disciplinary mechanisms. This approach, similar to how Ghana regulates other courts, will ensure that Regional Tribunals function effectively without the risk of arbitrary proceedings.

One of the main challenges facing Ghana's justice system is the delay in litigation, leading to prolonged trials. Regional Tribunals complement the existing judicial structure and can increase the capacity of the Judiciary to deliver justice more efficiently. As stated in the Tribunal Bill, 2026 (clause 6), Regional Tribunals are not meant to replace High Courts, but rather supplement the judicial system.