Supreme Court must be diligent to guide future cases – Baffour Awuah – Nsemkeka
Lawyer and Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, has called on the Supreme Court of Ghana to undertake more thorough and forward-looking constitutional interpretations in order to better guide the nation’s legal and democratic development.
Speaking on JoyNews’ AM Show, the MP emphasised that while no constitutional framework is perfect from the outset, it is the responsibility of the judiciary to progressively interpret and strengthen it over time.
“As a people, we must appreciate that nothing is perfect from the beginning. I was not expecting a flawless constitution, but I did expect a progressive society and a progressive Supreme Court. One that, when given the opportunity to interpret provisions, would offer a more forward-thinking and constructive perspective.”
Mr Baffour Awuah pointed to Article 146 of the 1992 Constitution as an example of an area where, in his view, the Supreme Court had fallen short.
“Let me be quoted correctly: I believe that on the issue of Article 146, it is the Supreme Court of the Republic of Ghana that has disappointed us—not the framers of the Constitution.”
He recalled former Chief Justice Madam Sophia Akuffo’s own remarks about the deficiencies in Article 146 and drew comparisons with other jurisdictions.
“In the United States, they do not have a constitution as voluminous as ours, yet theirs is interpreted in a way that gives it meaning and allows it to evolve. That’s why I like to reference the idea that a constitution is a living organism. When the opportunity comes, interpretation must be comprehensive; that is how growth happens.”
He highlighted three notable cases to illustrate his concerns: the Attorney-General v. Ghana Bar Association case, the Agyei Twum case, and the Thierry case.
In his view, the Court’s approach across these rulings lacked consistency and depth.
“In the Ghana Bar Association case, a certain perspective was taken. Then in Agyei Twum, the Court went a step further. But in the Thirry case, the Court did not even base its opinion on ratio decidendi, but on obiter dictum regarding what should be done with prima facie determinations.”
“These three cases clearly show that comprehensive work was not done by the Supreme Court in respect of Article 146. That’s why we are where we are today,” he said.
Mr Baffour Awuah stressed that the Court must ensure its rulings are grounded in thorough analysis that will stand the test of time.
“When cases come to the Supreme Court for determination, the Court must, with all due respect, do a thorough job by considering the implications for the future. Where we are today should inspire us to build stronger legal interpretations that guide our country forward.”
Beyond the judiciary, the MP urged fellow politicians to adopt a more nationalistic and holistic approach to governance.
“Let us, as politicians, begin to look at issues from a national perspective. When we are in office, it is for just four years. Tomorrow, the people of Manhyia South may decide that I should not return. That’s why we must act beyond partisan interests and think about the national good.”
He called for a more structured and transparent approach to handling matters related to Article 146.
“It is inappropriate for committees to create procedures on an ad hoc basis. There should be proper regulations, clearly established and known ahead of time, to govern such proceedings. That is the right and fair approach,” he concluded.