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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.
News
President Mahama appoints Second Deputy Governor of the Bank of Ghana
President John Dramani Mahama has in accordance with Section 17 of the Bank of Ghana Act, 2002 (Act 612) as amended, appointed Mrs. Matilda Asante-Asiedu as the Second Deputy Governor of the Bank of Ghana.
This was revealed in a statement signed by Minister for Government Communications, Felix Kwakye-Ofosu.
Mrs. Asante-Asiedu is a Chartered Banker and seasoned corporate leader who has served as Group Head, Retail Banking at Access Bank Ghana PLC.
Mrs Asante-Asiedu holds an MBA in Marketing from GIMPA Business School (2021), an MA inJournalism Studies from Cardiff University (2005), and diplomas in Journalism (Ghana Institute of Journalism, 1997) and Politics and Public Affairs Reporting (International Institute of Journalism,Berlin, 2000).
A Chartered Executive Banker (CIB-Ghana, 2024).
She has undertaken Executive Programmes at Said Business School at Oxford University (2023), Wharton School (2015) and Marquette University’s Les Aspin Centre (2003), among others.
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Prez Mahama is committed to open-up Afram Plains once and for all – Kwame Agbodza
The government is set to construct a 3.6km bridge over the River Afram in the Eastern Region, along with approximately 100km of road network.
This initiative, part of President Mahama’s “Big Push” infrastructure plan, aims to boost agricultural productivity, stimulate economic growth, and reduce poverty.
Some of the roads being considered included Mpraeso – Obomeng – Nkawkaw, Abooso – Mpaem, Mpaem – Kwahu – Adawso and Feyiase – Kwahu Tafo. The rest are, Ekye Amanfrom – Takoratwene, Takoratwene – Dome, Takoratwene – Donkorkrom and Donkorkrom – New Kyeiase.
Earlier today, the Minister for Roads and Highways, Mr.Kwame Agbodza, led a team of engineers to assess the proposed location of the bridge and some critical roads.
Speaking to the media at Donkorkrom after the assessment tour, Mr. Agbodza assured the people that President Mahama is “committed to opening up the Afram Plains once and for all.”
“The bridge when completed will connect Eastern, Ashanti and OTI regions in a very strategic way. It will open up the place for big time agriculture and investment in agro-processing,” he emphasized.
The project is expected enhance economic development, foster regional integration, generate income through agriculture and other sectors.
