Lawyer and Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, says his expectation was never for Ghana’s 1992 Constitution to be flawless, but for the country to evolve into a progressive society, guided by a forward-thinking Supreme Court.
Speaking on JoyNews’ AM Show on Thursday, 15 May, the NPP MP emphasised the need for Ghanaians to accept that no constitution is perfect from the outset.
“There is something we need to appreciate as a people. There is nothing which is perfect from scratch. I wasn’t expecting a perfect constitution, but rather a progressive society and Supreme Court that, when it gets an opportunity to interpret some of these things, they will bring a more progressive perspective to it,” he said.
He pointed to Article 146 of the Constitution, which outlines the procedure for the removal of a Chief Justice, as a case where the judiciary had missed an opportunity for progress.
[embedded content]“On the issue of Article 146 of the Constitution, it is the Supreme Court of the Republic of Ghana that has disappointed us, and not the framers of the Constitution,” Baffour Awuah argued.
He supported his assertion by referencing comments made by former Chief Justice Sophia Akuffo. “I have heard the former Chief Justice, Sophia Akuffo, make comments about how lost that whole provision is,” he added.
Drawing comparisons with the United States, the MP noted that although the American Constitution is not as voluminous as Ghana’s, it has stood the test of time because of how it is interpreted.
“Go to a place like the United States of America—they don’t have a constitution which is as voluminous as ours, but it is supposed to be interpreted to give meaning and growth,” he stated.
He reiterated his belief in constitutional dynamism, quoting Justice Sowah: “The constitution is a living organism.”
Baffour Awuah concluded with a call for more dynamic and growth-oriented judicial interpretations in the future.
“When the opportunity comes, there must be a very comprehensive interpretation that would see growth. But when you look at Article 146 and the way the Supreme Court has approached it, I believe that in the future, when they should have the opportunity, they should take a very critical look at it again,” he said.
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