Private legal practitioner Kofi Bentil has emphasized that the 1992 Constitution of Ghana governs all individuals and institutions, with the Supreme Court being the ultimate authority in determining constitutional compliance.
Bentil reiterated that the Supreme Court is the only body with the power to interpret the Constitution.
In a Facebook post addressing the Court’s recent ruling, which paused the Speaker of Parliament’s decision to declare four parliamentary seats vacant, Bentil posed several questions to clarify constitutional principles.
He stated:
- No one and no institution is above the law.
- The Constitution is the supreme law, making everyone subject to it.
- All powers come from the Constitution.
- The Supreme Court is the sole institution empowered to interpret the Constitution.
- No one can claim to be above the Constitution while drawing authority from it.
Bentil concluded that these principles mean that everything and everyone is bound by the Constitution and subject to the Supreme Court’s interpretation.
However, he also acknowledged that power does not always guarantee fairness or wisdom, citing historical examples of its abuse.
His comments come in response to criticisms of the Supreme Court’s ruling, including former Supreme Court Justice William Atuguba’s claim that the Court overstepped its jurisdiction in the case involving Alexander Afenyo-Markin and the Speaker of Parliament.
Despite the Court’s ruling to allow the four MPs to continue their duties, the National Democratic Congress (NDC) maintains that Speaker Alban Bagbin’s decision to declare the seats vacant stands, and they will protect their newly gained majority in Parliament.
