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The Supreme Court Should Respect the Clear Text of Ghana’s Constitution – Kwame Owusu Danso, Esq. writes
Ghana’s 1992 Constitution provides explicit guidelines for removing public officials, such as Superior Court Justices and the Chief Justice, with no room for judicial overreach.
For Justices other than the Chief Justice, Article 146(3)-(5) mandates that a petition be sent to the President, who refers it to the Chief Justice to assess if a prima facie case exists. If confirmed, a committee investigates and advises the President. The process is straightforward and precise.
In contrast, Article 146(6)-(7) governs the removal of the Chief Justice. Here, the President, consulting the Council of State, forms a committee to investigate a petition and recommend action without any mention of a prima facie case requirement. This distinction is deliberate and clear in the Constitution’s text.
However, the Supreme Court’s ruling in Agyei Twum v. Attorney General & Akwetey imposed a prima facie case condition for removing a Chief Justice, a step not supported by the Constitution.
This judicial addition distorted the framers’ intent, as the original text remains unamended. When the Constitution’s language is unambiguous, courts should not insert new terms under the guise of interpretation; such as the so-called “purposive approach” unless the provision is unclear, which it is not here.
The framers’ choice to omit a prima facie requirement for the Chief Justice was intentional, not an oversight.
Looking ahead, I urge the Supreme Court, amid current cases and political pressures, to avoid compounding this error. Adding further conditions – like requiring the Chief Justice to respond to a petition before any action – would be another unwarranted rewrite of the Constitution.
The text does not demand a prima facie case, let alone additional steps. Judicial restraint is essential to preserve clarity and fidelity to the law as written.
Thank you for your attention.
Kwame Owusu Danso, Esq.
Africa Law Focus.
The 24 Hour Economy Authority has signed a Memorandum of Understanding with Hunan Architectural Design Institute Group to support the planning of the Volta Economic Corridor.
The agreement aims to guide how land within the corridor will be used, design key infrastructure, and develop systems that will support large scale production.
The partnership will focus on detailed planning to make the area ready for investment and smooth business operations.
The project will include the development of agroecological parks, industrial zones, and transport networks to connect production centres to markets.
According to the Authority, proper planning is critical to building strong economic systems and expanding production across the corridor.
It noted that the collaboration with the Chinese design firm will help lay a solid foundation for industrial growth and long term development within the Volta Economic Corridor.
By: Jacob Aggrey
President of the Ghana Bar Association, Efua Ghartey, has called on judges and lawyers to carry out their duties with humility, fairness, and a strong sense of responsibility.
She made the appeal during the Supreme Court at 150 celebration held at the University of Ghana, under the theme “Honouring the past, celebrating the present and defining the future.”
Addressing participants, she noted that those in the legal profession occupy positions of great power and influence, and must therefore remain humble in the discharge of their duties.
She urged both the bench and the bar to deliver justice without fear or ill will, stressing the need for fairness in handling cases.
Reflecting on the significance of the celebration, she explained that the year 1876 marks not only the establishment of the Supreme Court but also the beginning of formally trained lawyers in the Gold Coast.
The GBA President questioned what Ghana would be without the rule of law, which is upheld by judges and lawyers, adding that the country could descend into a system where only the strongest survive if justice is not properly administered.
She further encouraged legal practitioners to reflect on their responsibilities and remain committed to upholding the rule of law for the benefit of all citizens.
By: Jacob Aggrey
