FGJ supports Mornah's writ on C.I. 74
The Forum
for Governance and Justice (FGJ), a civil society organisation, has supported the writ filed by the General Secretary of the People’s
National Convention (PNC), Mr Bernard Mornah at the Supreme Court of Ghana.
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Mornah filed the writ Wednesday seeking: a) A declaration that on a true and proper interpretation of articles 133, 157, 93(2) and 11 of the 1992 Constitution; Rule 71B and a part of Rule 69C (5) of the Supreme Court (Amendment) Rules, 2012 (C.I.74) are unconstitutional and must be declared null and void and of no effect.
A statement signed by the Convener of the FGJ, Dr Clement Apaak, said “clearly, the Constitution of the Republic of Ghana is the supreme law of the land and thus, any other law that is inconsistent, contradicts or contravenes any section of the Constitution must be void”.
It said the Constitution itself states in article 1 (2) that “This Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void”.
The Constitution, the statement added, states further in article 2 (1) that “A person who alleges that — (a) an enactment or anything contained in or done, under the authority of that or any other enactment; or b) any act or omission of any person; is inconsistent with, or is in contravention of a provision of this Constitution, may bring an action in the Supreme Court for a declaration to that effect.
“Surely, Mr Mornah has availed himself to a right granted him by the Constitution,” the statement said.
It encouraged other citizens to actively play their various roles in promoting the growth of the democratic culture in ways that would not disrupt the peace, unity and stability of the country nation.
“May we all be, at all times, mindful of our duties and responsibilities as outlined in article 41 of the Constitution, which states that, “The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen — (a) to promote the prestige and good name of Ghana and respect the symbols of the nation; (b) to uphold and defend this Constitution and the law,” the statement added.
“Obviously, democracy requires the active participation of the people, as citizens, in civic life. However, whiles democracy depends on citizen participation in this and other ways, such participation must be peaceful, and respectful of the supreme law of the land”.