Lecture on the Supremacy and Interpretation of the 1992 Constitution of Ghana

Key Topics Discussed

• Supremacy and interpretation of the 1992 Constitution of Ghana
• Categories of persons who can bring an action to enforce the supremacy
• Courts with jurisdiction over interpretation and enforcement
• Tests for determining questions related to the interpretation of the Constitution

Supremacy of the 1992 Constitution

• Article 1(2):
  • Affirms the supremacy of the 1992 Constitution.
  • States that the Constitution is the supreme law of Ghana.
  • Any law inconsistent with the Constitution is void to the extent of the inconsistency.

Enforcement of Supremacy

• Article 2:
  • Protects the supremacy laid down in Article 1(2).
  • Empowers any person to bring an action in the Supreme Court for breaches of the Constitution.
  • Key Point: The right to enforce the Constitution is granted to any citizen of Ghana.

Jurisdiction for Interpretation

• Article 130:
  • Grants exclusive original jurisdiction to the Supreme Court for issues related to enforcement or interpretation of the Constitution.

Capacity to Bring an Action

• Who can bring an action?
  • Citizens of Ghana have the capacity to enforce the Constitution, regardless of personal interest.
  • Court cases such as Sam v. Attorney General and Tuffour v. Attorney General establish that any Ghanaian citizen can bring an action.

Legal and Artificial Persons

• Inclusion of Artificial Persons:
  • Under New Patriotic Party v. Attorney General (CIBA case), legal entities can also bring actions under Article 2.
  • Affirmed by the Federation of Youth Associations of Ghana v. Public Universities of Ghana.

Tests for Interpretation

• When does a question of interpretation arise?
  • Republic v. Makai: Not all issues require Supreme Court referral, especially if clear and unambiguous.
  • Ex parte Akosa (1980): Defines scenarios where interpretation issues arise:
    1. Words are imprecise or ambiguous.
    2. Rival meanings are placed on provisions.
    3. Conflicts between articles.
    4. Conflicts between institutions under the Constitution.

Modern Interpretive Approaches

• Courts are advised to apply provisions without unnecessary referrals to the Supreme Court when provisions are clear.
• Encouraged to be cautious in determining clarity due to modern purposive interpretation approaches.

Conclusion

• This lecture explores the parameters and legal frameworks governing the supremacy and interpretation of the 1992 Constitution of Ghana, emphasizing who can enforce it, the responsible courts, and the judicial criteria for interpretation.

Note: The application of the principles discussed is crucial for upholding the Constitution's supremacy and ensuring that interpretations align with the Constitution's spirit and intent.