Attorney General and Minister of Justice, Godfred Yeboah Dame, has affirmed that no institution or individual, including the President, holds sovereign authority in Ghana.
He emphasised that true sovereignty lies with the people of Ghana, as stipulated under Article 1 of the Constitution.
Speaking at the swearing-in ceremony of the newly elected President and executive members of the Ghana Bar Association (GBA) on Monday, November 4, Mr. Dame reinforced the role of the Constitution as the nation’s ultimate authority, entrusting the judiciary with final judicial power.
“In this country, no institution or individual has sovereignty,” Dame stated. “In accordance with Article 1 of the Constitution, sovereignty resides in the people of Ghana, and the Constitution is the supreme law of Ghana.
This supreme law vests the judiciary with the authority to interpret and apply the laws of Ghana. Every individual, including the President, is subject to this power without exception.”
Dame described this principle as a cornerstone of a civilised society, adding, “Any institution conducting its activities in Ghana must comply with the Constitution and laws of the land. If any procedures are found in violation, the courts have the authority to declare them unconstitutional or illegal. It is as simple as that, and it is non-negotiable.”
Dame urged legal practitioners to defend the judiciary’s work, which he called essential to sustaining Ghana’s democracy. “We have a duty to support the judiciary in its role, which is fundamental to the sustenance of Ghana’s democracy,” he said.
His remarks follow a recent ruling by the Supreme Court of Ghana that denied an application by Speaker of Parliament Alban Bagbin.
The Speaker had sought to overturn a prior ruling preventing him from declaring four parliamentary seats vacant, a decision that sparked significant debate on the limits of the Speaker’s powers and the judiciary’s role in legislative matters.
The case arose after Majority Leader Alexander Afenyo-Markin filed a writ to prevent further declarations from the Speaker regarding the disputed seats.
The Supreme Court’s decision to halt the Speaker’s declaration underscored the judiciary’s role as the final arbiter in constitutional matters.
Dame’s statements serve as a reminder that all authorities within the nation are bound by the rule of law, reinforcing the judiciary’s role in interpreting the Constitution and underscoring the foundational principle that sovereignty belongs to the people.