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WOOD (MRS) CJ:-
A clearly unambiguous constitutional provision which underscores the supremacy of the 1992 Constitution is the Article 1(2). It provides:
“1(2) 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.”
A further safeguard to the doctrine of constitutional supremacy is embodied in the articles 2(1) and 130(1) of the 1992 Constitution, which vest the Supreme Court with original jurisdiction to determine the constitutionality of legislations and to declare as void any law which is found to be inconsistent or in conflict with any of its provisions.
Two cases, namely, Republic v Yebbi & Avalifo [2000] SCGLR 149 and Ghana Bar Association v Attorney–General [2003-2004]1SCGLR 250, outline the ambit of this exclusive jurisdiction of the Supreme Court.
Article 2 (1) of the 1992 Constitution provides:
“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 in contravention of a provision of this Constitution, may bring an action in the Supreme Court for a declaration to that effect.”
Again, article 130 states:
130.(1) Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in –
(a) all matters relating to the enforcement or interpretation of this
Constitution; and
(b) all matters arising as to whether an enactment was made in
excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution.
Pursuant to our jurisdiction (judicial review of legislative action jurisdiction) under articles 2(1) (a) and 130 (1) (b), viz, the power to pronounce on the constitutional validity of laws, on the 30th day of July, 2014, we unanimously upheld the principal reliefs of the Plaintiffs in the following consolidated suits:
(1) J1/11/2014 Abu Ramadan and Evans Nimako
v
The Electoral Commission &
The Attorney-General
(2) J1/9/2014 Kwasi Danso Acheampong
v
The Electoral Commission &
The Attorney- General.
In each case, we declared that upon a true and proper interpretation of article 42 of the 1992 Constitution, the use of the National Health Insurance (NHI) Card to registe