GH - PROFESSOR STEPHEN KWAKU ASARE v. THE ATTORNEY-GENERAL

WOOD (MRS), CJ:

These are the reasons for my decisions dated 15th of October 2015. Under the new order of constitutional democracy in Ghana, the 1992, the Constitution, in conformity with the cardinal democratic principle of separated powers of government, has vested the legislative authority in Parliament. A Constitution is not meant to be static. It is a living political document capable of growth. Consequently, the framers of the Constitution, under Chapter 25, have designed a process, albeit an arduous and stringent process, by which necessary amendments to it may be effected.

The rigorous processes and procedures provide the safeguards needed to check and prevent arbitrariness and abuse. Of particular significance is the article 289, clause (1) which stipulates that:

“Subject to the provisions of the Constitution, Parliament may, by an Act of Parliament, amend any provision of this Constitution.

289 (2) provides:

“This Constitution shall not be amended by an Act of Parliament or altered directly or indirectly unless-

the sole purpose of the Act is to amend this Constitution

and

the Act has been passed in accordance with this Chapter.

The Chapter 25entrenched provisions of the 1992 Constitution, thus sanctions alteration of constitutional provisions effected in strict conformance, with the Chapter 25, titled “Amendment of the Constitution”, that is, the processes and procedures carefully circumscribed under it.

The legitimate question is what triggered this instant constitutional litigation? Invoking the powers invested in him pursuant to article 289 of the 1992 Constitution, the President set up a ten member Constitution Review Commission (CRC), under the Constitution Review Commission of Inquiry Instrument, 2010, C.I. 64. The CRC was mandated to do the following:

To ascertain from the people of Ghana, their views on the operation of the 1992 Fourth Republican Constitution and, in particular, the strengths and weaknesses of the Constitution;

To articulate the concerns of the people of Ghana on amendments that may be required for a comprehensive review of the 1992 Constitution; and

To make recommendations to the Government for consideration and provide a draft Bill for possible amendments to the 1992 Constitution.

In June 2012, the Government issued a white paper on the report of the CRC, in which most, if not all of the recommendations were accepted by the President.

In October 2012, the Government set up yet another body, a five-member