Attorney General and Minister of Justice, Godfred Yeboah Dame, has reaffirmed that Ghana’s sovereignty lies solely with its people, as mandated by Article 1 of the Constitution, which enshrines the principle that no individual or institution holds supreme authority over the Constitution.
Speaking at the inauguration of the newly elected President and executives of the Ghana Bar Association (GBA) on Monday, November 4, Dame emphasized the Constitution’s position as Ghana’s ultimate legal foundation. He clarified that the Constitution grants the Judiciary the final authority in interpreting and applying the nation’s laws, underscoring that even the highest offices, including the President, are subject to this judicial oversight.
“In Ghana, sovereignty is not vested in any individual or institution but rests with the people,” he noted. “The Constitution is the supreme law, and it bestows the Judiciary with ultimate judicial power. This means everyone—including the President—is bound by the Judiciary’s authority to interpret and apply our laws.”
Dame emphasized that this principle underpins the stability of any civilized society, stating, “Any procedures used by institutions in conducting their activities must comply with Ghana’s Constitution and legal framework. If not, such actions risk being declared unconstitutional or illegal by the courts. This is non-negotiable.”
He further called on legal professionals to support the Judiciary, highlighting its critical role in upholding democratic governance in Ghana. “It is our collective duty to back the Judiciary’s work, which is essential to preserving our democracy,” he asserted.
Dame’s remarks come shortly after the Supreme Court rejected an application by Speaker of Parliament Alban Bagbin, who had sought to overturn a previous court ruling that prevented him from declaring four parliamentary seats vacant. This ruling has intensified the legal discussion surrounding the Speaker’s authority and the Judiciary’s involvement in parliamentary matters.
Bagbin’s application had aimed to reverse the Supreme Court’s stay of his declaration on the four seats and to dismiss a suit filed by Majority Leader Alexander Afenyo-Markin, who requested judicial intervention to prevent further declarations from the Speaker regarding the contested seats.
