The Speaker of Parliament, Alban Sumana Kingsford Bagbin, has cautioned the Supreme Court against constitutional overreach while urging it not to exercise excessive judicial restraint, saying the apex court must strike the right balance in interpreting the 1992 Constitution to safeguard Ghana's democracy.
He said although the Supreme Court was the final interpreter of the Constitution, it must exercise its powers within constitutional limits by protecting rights and democratic institutions without assuming powers reserved for the Legislature or the Executive.
"The Constitution expects the Supreme Court to act neither timidly nor aggressively. It expects the Supreme Court to act constitutionally," Mr Bagbin said when he delivered the third lecture in the Supreme Court's 150th Anniversary Lecture Series at the Ghana School of Law in Accra yesterday.
The lecture, on the theme: "The Supreme Court in the Life of the 1992 Constitution — Taking Stock and Looking Forward," formed part of activities marking the court's 150th anniversary.
Challenges ahead
Mr Bagbin said future constitutional disputes would increasingly involve artificial intelligence, cybersecurity, climate change, biotechnology, digital governance and data protection, making it imperative for the Supreme Court to develop coherent constitutional jurisprudence.
He appealed for measures to reduce the court's growing workload, saying Parliament had established committees, including a Human Rights Committee and plans for a Commission on Ethics and Standards, to help address some governance issues before they reached the apex court.
Constitution is supreme
Mr Bagbin said the role of the Supreme Court had become increasingly important over the last three decades because its decisions had shaped the country's constitutional democracy through the interpretation of the Constitution, protection of fundamental rights and settlement of disputes among the arms of government.
He, however, said the court's authority was derived from the Constitution and not from itself.
"The Constitution, not Parliament, not the Executive and not the Judiciary, remains supreme," he said, adding that every institution exercising public power had a duty to uphold the Constitution and strengthen the country's democratic order.
Touching on the ongoing constitutional review process, the Speaker of Parliament said the exercise presented an opportunity to address weaknesses that had emerged in the governance framework after more than three decades of constitutional rule.
Stop attacking judges
Mr Bagbin also appealed to politicians and the public to desist from attacking judges over decisions that faithfully interpreted the Constitution.
According to him, judges swore an oath to uphold the Constitution and should be allowed to discharge that responsibility independently without intimidation or political pressure.
"So when you give them some constitutional order, and they want to remain faithful to it, it doesn't lie in your mouth to come back to attack them," he said.
The Speaker further called for increased investment in the Judiciary, saying judicial independence could not be achieved without adequate financial and logistical support.
He said judges were expected to resolve increasingly complex constitutional issues, including disputes arising from technological advances, climate change, cybersecurity and digital governance and, therefore, required the necessary resources to perform effectively.
Supreme Court
The Chief Justice, Justice Paul Baffoe-Bonnie, said the Supreme Court had remained central to Ghana's constitutional development by clarifying constitutional boundaries, protecting fundamental rights and resolving institutional disputes.
He said although people might disagree with some decisions of the court, its contribution to sustaining Ghana's constitutional order was undeniable.
"Our legitimacy rests not only on our history, but on our continuing ability to dispense justice fairly, inspire public confidence and remain worthy of the trust reposed in us by the people of Ghana," he said.
Reflection
The Chairman for the lecture, retired Supreme Court Justice, Justice Jones Victor Mawulorm Dotse, said the anniversary offered an opportunity for honest reflection on the Supreme Court's contribution to constitutional governance and the rule of law.
He urged the bench, the Bar and the public to renew their commitment to defending the Constitution, deepening public confidence in justice and ensuring that the Supreme Court remained "a steadfast guardian of liberty, legality and democratic order" for generations to come.
