No individual or institution is above the constitution – Attorney General

Attorney General and Minister of Justice, Godfred Yeboah Dame, has emphasized that in Ghana, sovereignty lies with the people under Article 1 of the Constitution, and no institution or individual holds absolute authority.

Speaking at the swearing-in of the new President and executives of the Ghana Bar Association (GBA) on Monday, November 4, Dame highlighted the Constitution as Ghana’s supreme law, which grants the Judiciary final judicial authority. He stressed that this authority applies universally, including over the President, ensuring that all individuals and institutions are subject to judicial review.

“In this country, no institution or individual has sovereignty. In accordance with Article 1 of the Constitution, sovereignty resides in the people of Ghana, and the Constitution is the supreme law of Ghana. The supreme law of Ghana has vested the Judiciary with final judicial power. Every individual or institution, including the person who takes precedence over all in this country – the President – is subject to the court’s powers to interpret and apply the laws of Ghana without question,” he stated.

Dame further asserted that adherence to the Constitution is essential for the lawful operation of any institution, warning that noncompliance renders any such actions liable to being declared unconstitutional. “Whatever procedures are utilised by any institution in this country for the conduct of its activity must comply with the Constitution and the laws of Ghana. A default of same will render such procedures liable to be declared by the courts as unconstitutional or illegal. It is as simple as that, and it is non-negotiable,” he added.

The Attorney General also urged legal practitioners to support the Judiciary, describing its role as crucial to upholding Ghana’s democracy. “We therefore have a duty to support the Judiciary in its work, which is fundamental and crucial to the sustenance of Ghana’s democracy,” he said.

Dame’s remarks followed a Supreme Court ruling that dismissed an application from Speaker of Parliament Alban Bagbin. The Speaker had sought to reverse a previous ruling that temporarily blocked his declaration of four parliamentary seats as vacant. This decision highlighted the Judiciary’s role in overseeing parliamentary actions and maintaining constitutional order. Speaker Bagbin’s application aimed to set aside the ruling and prevent further judicial intervention in parliamentary seat declarations.

Source: Daily Mail