Supreme Court must be diligent to guide future cases – Baffour Awuah

Nana Agyei Baffour Awuah, a lawyer and MP for Manhyia South, spoke on JoyNews’ AM Show. He urged the Supreme Court of Ghana to improve its constitutional interpretations. This would help guide the nation’s legal and democratic development.

He noted that no constitution is perfect from the start. The judiciary must interpret and strengthen it over time. “We should understand that nothing is flawless from the beginning,” he said. He expected a progressive society and a forward-thinking Supreme Court.

Mr. Baffour Awuah criticized the Supreme Court regarding Article 146 of the 1992 Constitution. “The Supreme Court has disappointed us on this issue,” he stated, not blaming the Constitution's framers.

He recalled former Chief Justice Sophia Akuffo’s comments about Article 146's deficiencies. He compared Ghana’s Constitution with those in other countries, like the United States. “Their constitution evolves meaningfully despite being less voluminous,” he explained.

He emphasized that a constitution should be treated as a living organism. Interpretation must be comprehensive to foster growth in society.

To illustrate his concerns, he mentioned three cases: Attorney-General v. Ghana Bar Association, Agyei Twum, and Thierry case. He felt these cases showed inconsistency and lack of depth in the Court's approach.

“In the Ghana Bar Association case, one perspective was taken,” he noted. “In Agyei Twum, they went further.” However, in the Thierry case, he criticized their reliance on obiter dictum instead of ratio decidendi.

“These cases show that comprehensive work was lacking regarding Article 146,” he said. He stressed that thorough analysis is essential for rulings to endure over time.

“When cases reach the Supreme Court, they must do a thorough job,” he urged. The implications for future decisions should be carefully considered to strengthen legal interpretations.

Beyond judicial matters, Mr. Baffour Awuah called for politicians to adopt a national perspective in governance. “We serve for just four years; we must think beyond partisan interests.”

He advocated for structured procedures related to Article 146 matters. “Committees should not create rules on an ad hoc basis,” he concluded. Proper regulations should be established ahead of time for fairness and transparency.