REPUBLIC v. FRIMPONG
1970
HIGH COURT
GHANA
CORAM
- Sampson Baidoo J
Areas of Law
- Constitutional Law
- Customary Law
1970
HIGH COURT
GHANA
CORAM
AI Generated Summary
The judgment clarifies that the doctrine of the supremacy of Parliament no longer applies in Ghana. Instead, the Constitution is the supreme law, and any law inconsistent with it is void. The institution of Chieftaincy is also protected under the Constitution.
EXTRACT FROM JUDGMENT;
“The tenor of he learned state attorney’s arguments presupposes that the doctrine of the supremacy of Parliament, vigorously observed in England at the present day and imparted to us here by Britain to follow until the first Republican Constitution under the regime of the deposed President Kwame Nkrumah also adopted it, still prevails in Ghana. I must hasten to point out that with the promulgation of the new Constitution under this second republic; Ghana has started a new chapter in its legal history. The so called doctrine of the supremacy of Parliament is now dead and has no place here any longer. In countries where the doctrine of the supremacy of Parliament prevails the Parliament or legislature has absolute and unfettered power to pass any law the validity of which cannot be questioned by any citizen. In Ghana at the moment however in the very first article of the constitution it is stipulated as follows:
“1. (1) The sovereignty of Ghana resides in the people of Ghana whose welfare is enshrined in this constitution.
(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 and of no effect.”
I find article 153 of the constitution to be of much importance to this case. It reads as follows:
“153. The institution of Chieftaincy together with its traditional councils as established by customary law and usage is hereby guaranteed.”