News
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.
![Mrs Georgina Quaittoo [third from right] pose with some members of the Association Photos Okai Elizabeth.](https://spectator.com.gh/wp-content/uploads/2026/03/Mrs-Georgina-Quaittoo-third-from-right-pose-with-some-members-of-the-Association-Photos-Okai-Elizabeth-400x240.jpg)
![Mrs Georgina Quaittoo [third from right] pose with some members of the Association Photos Okai Elizabeth.](https://spectator.com.gh/wp-content/uploads/2026/03/Mrs-Georgina-Quaittoo-third-from-right-pose-with-some-members-of-the-Association-Photos-Okai-Elizabeth-80x80.jpg)
![Mrs Georgina Quaittoo [third from right] pose with some members of the Association Photos Okai Elizabeth.](https://spectator.com.gh/wp-content/uploads/2026/03/Mrs-Georgina-Quaittoo-third-from-right-pose-with-some-members-of-the-Association-Photos-Okai-Elizabeth.jpg)
THE Times Ladies Association, a group consisting of female staff of the New Times Corporation (NTC), on Monday commemorated this year’s International Women’s Day with a call on women to empower themselves through education, unity and healthy living to contribute meaningfully to national development.
The event, held at the NTC’s boardroom, was attended by management members and staff of the corporation and was to celebrate the achievements of women and reflect on their role in society.
In her address, the President of the association, Mrs Georgina N.M Quaittoo, said the global celebration, marked annually on March 8, recognised the economic, political and social achievements of women while raising awareness about gender equality.
Although the international celebration fell on Sunday, she explained that the association decided to mark the occasion on March 9 to enable members to participate fully and commemorate the day in their own way.
Speaking on this year’s theme: ‘Rights. Justice. Action. For All Women and Girls,’ and the global campaign theme: ‘Give to Gain,’ she the association had over the years worked tirelessly to support the growth and progress of the corporation despite the challenges they faced.
Urged members to commit themselves to deeper service to humanity and the advancement of women. She said women were unique, resilient and invaluable to society, stating that they deserved respect, appreciation, kindness and love for the vital roles they played in families, workplaces and communities.
According to her, members of the President, who is also the Editor of The Spectator newspaper, encouraged members to empower themselves academically and take advantage of opportunities to improve their lives and careers.
She also urged them to maintain healthy lifestyles by going for regular medical check-ups, exercise regularly, get enough rest and support one another.
Moreover, she advised members to accept leadership positions when given the opportunity and to exhibit qualities such as hard work, confidence, patience, compassion and responsibility in both their homes and workplaces.
Contributing, the Chanel Marketing and Circulation Manager, Mr Alfred Koomson, said women played critical roles in society and deserved to be supported and appreciated.
He urged men to recognise that they were often vulnerable species without the care, support and contributions of women in their lives.
He, therefore, commended women for the invaluable roles they play as mothers, caregivers, professionals and leaders, stressing that society would be incomplete without them.
By Esinam Jemima Kuatsinu
Join our WhatsApp Channel now!
https://whatsapp.com/channel/0029VbBElzjInlqHhl1aTU27
GHANA celebrated her 69th Independence Anniversary last Friday with colourful parades across all 16 regions of the country.
This year’s theme: ‘Reflect, Review, Reset,’ emphasised the importance of reflecting on the nation’s journey, assessing its current state, and planning for a brighter future.
At the Jubilee House, dignitaries present were President John Mahama, Vice President Prof. Naana Jane Opoku-Agyemang, former Presidents, Akufo-Addo and John Agyekum Kufuor, behalf of the President, former President of Tanzania, and other distinguished guests.
The President, John Dramani Mahama, addressed the nation at the seat of government whiles Metropolitan, Municipal and District Chief Executives addressed their various assemblies on.
As part of the celebrations, school children paraded and displayed their marching skills whiles others performed cultural and other social activities to mark the day across the regions.
