GBA reviewing Tribunals Act for constitutional compliance

The Ghana Bar Association has begun a detailed review of the Tribunals Act to determine whether its provisions meet constitutional standards for justice delivery.

The Association’s Legal Committee, chaired by private legal practitioner Ace Anan Ankomah, is carrying out the review.

GBA President Efua Ghartey said this at the Association’s conference, adding that the Bar would announce its considered position after the committee completes its work.

According to her, the review will examine the jurisdiction given to tribunals, the powers they exercise and the procedure by which their decisions are reached.

The committee will also assess the appointment process for tribunal members, the independence of the tribunals and whether the law provides adequate fair trial safeguards.

“The Bar’s legal committee headed by Ace Anan Ankomah is seized with this matter, having started analysing and researching this important matter and we shall, in due course, make its position known,” she said.

Mrs Ghartey said the review would not be limited to the text of the law.

She said the Association would measure the Act against constitutional requirements and Ghana’s historical experience with tribunals.

“However, it is pertinent to note that the Bar shall carefully examine its provisions against constitutional standards from the Constitution, from the jurisdiction conferred, the appointing authorities, the mode of arriving at decisions, fair trial standards, the independence of the tribunals and its necessity in this present time, guided by our history of such tribunals,” she added.

The GBA says the exercise will help determine whether the continued existence and functions of the tribunals remain necessary and appropriate under Ghana’s current constitutional framework.

The review comes amid renewed public discussion about the role of tribunals in the justice system and the need to ensure that any such bodies operate within the limits of the Constitution.

The Association is expected to make its position public after the Legal Committee completes its assessment.