DAASEBRE ASARE BAAH III AND 4 OTHERS (PLAINTIFFS) vs. THE ATTORNEY-GENERAL AND THE ELECTORAL COMMISSION (DEFENDANTS)

WOOD (MRS), CJ:- The Supreme Court’s exclusive power of judicial review of legislative action is exercisable under articles 2(1) and 130 (1) (b) of the 1992 Constitution. By these articles, this court has exclusive original jurisdiction in “all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution.” Article 1 (2), which unambiguously asserts the supremacy of the constitution as the fundamental law of the land provides: “(2) The Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.” Again, articles 2 (1) (b) and 130 of the constitution state: 2 (1) A person who alleges that - (a) an enactment or anything contained in or done under the authority of that or any other enactment; or (b) any act or omission of any person; is inconsiste...