[2015]DLSC3261 • October 14, 2015 • Supreme Court •
PROFESSOR STEPHEN KWAKU ASARE vs. THE ATTORNEY-GENERAL
The Plaintiff challenged the constitutionality of the President's establishment of the Constitution Review Commission (CRC) and the Constitution Review Implementation Committee (CRIC), arguing that these bodies usurped Parliament's exclusive power to amend the Constitution under Article 289 of the 1992 Constitution. The CRC was set up to collect public views on the Constitution and propose amendments, while the CRIC was tasked with implementing accepted recommendations and drafting amendment bills. The Plaintiff contended that only Parliament has the power to initiate and enact constitutional amendments, and the President's actions were unconstitutional.
read moreWOOD (MRS), CJ: These are the reasons for my decisions dated 15th of October 2015. Under the new order of constitutional democracy in Ghana, the 1992, the Constitution, in conformity with the cardinal democratic principle of separated powers of government, has vested the legislative authority in Parliament. A Constitution is not meant to be static. It is a living political document capable of growth. Consequently, the framers of the Constitution, under Chapter 25, have designed a process, albeit an arduous and stringent process, by which necessary amendments to it may be effected. The rigorous processes and procedures provide the safeguards needed to check and prevent arbitrariness and abuse. Of particular significance is the article 289, clause (1) which stipulates that: “Subject to the provisions of the Constitution, Parliament may, by an Act of Parliament, amend any provision of this Constitution. 289 (2) provides: “This Constitution shall not be amended by an Act of...