Attorney General and Minister of Justice, Godfred Yeboah Dame, has emphasized that no individual or institution in Ghana holds sovereign power, reaffirming that sovereignty resides with the people of Ghana, as enshrined in Article 1 of the 1992 Constitution. Speaking at the swearing-in ceremony of the new President and executives of the Ghana Bar Association (GBA) on Monday, November 4, Dame highlighted the Constitution’s status as the supreme law of Ghana and the Judiciary’s critical role in upholding it.
Dame stressed that the Judiciary is entrusted with the ultimate authority to interpret and enforce the laws of Ghana, binding all citizens and institutions, including the President. “Every individual or institution, including the person who takes precedence over all in this country – the President – is subject to the court’s powers to interpret and apply the laws of Ghana without question,” he stated.
He further explained that adherence to constitutional principles is fundamental to the nation’s democratic framework. Any procedures or actions by institutions that fail to align with the Constitution, Dame noted, are liable to be declared unconstitutional or illegal by the courts. “It is as simple as that, and it is non-negotiable,” he added.
Dame urged members of the legal profession to support the Judiciary, emphasizing that a robust legal system is essential for sustaining democracy in Ghana. “We therefore have a duty to support the Judiciary in its work, which is fundamental and crucial to the sustenance of Ghana’s democracy,” he said.
His remarks come in the wake of a recent Supreme Court decision that dismissed an application by Speaker of Parliament Alban Bagbin. The Speaker had sought to overturn a ruling that blocked his declaration of four parliamentary seats as vacant, a move that sparked discussions over the Judiciary’s authority in parliamentary matters. This decision, and the subsequent application by Bagbin to nullify it, underscores ongoing legal discourse regarding the balance of powers between Parliament and the Judiciary.
The Attorney General’s comments underscore Ghana’s commitment to upholding constitutional governance and reinforcing the Judiciary’s role as a nonpartisan arbiter of legal disputes, particularly in politically sensitive cases that impact the nation’s democratic fabric.
