No individual or organisation is above the constitution – AG
Attorney General and Minister of Justice, Godfred Yeboah Dame, has reaffirmed the principle that sovereignty in Ghana resides with the people, as stipulated by Article 1 of the Constitution. Speaking at the swearing-in ceremony of the new Ghana Bar Association (GBA) leadership on November 4, Dame emphasized that the Constitution stands as the supreme law of the land, with the Judiciary holding ultimate authority in interpreting and enforcing the law.
Dame clarified that all individuals and institutions, including the President, fall under the jurisdiction of the Judiciary. “No institution or individual has sovereignty,” he stated, underscoring that the Constitution entrusts the Judiciary with the power to apply laws impartially, ensuring that any actions or procedures contrary to the Constitution can be deemed unconstitutional or illegal by the courts.
He urged legal practitioners to actively support the Judiciary, which he described as essential to maintaining Ghana’s democratic framework. This emphasis on judicial authority comes shortly after the Supreme Court dismissed a legal application from Speaker of Parliament Alban Bagbin. Bagbin had sought to reverse a Supreme Court ruling that prevented him from declaring four parliamentary seats vacant. The case has spurred discussions on the extent of the Speaker’s powers versus judicial oversight.
Bagbin’s application aimed to set aside a prior Supreme Court order that restricted his declaration on the disputed seats and sought to nullify a writ filed by Majority Leader Alexander Afenyo-Markin, which had asked the court to halt further declarations on the seats in question. This ongoing legal debate highlights the Judiciary’s role in moderating parliamentary actions and underscores the non-negotiable nature of constitutional compliance in Ghana.
