REPUBLIC v. FRIMPONG

In an extract of a constitutional judgment authored by Justice Sampson Baidoo, the court rejects the learned state attorney’s premise that the English-derived doctrine of parliamentary supremacy continues to prevail in Ghana. Noting that Ghana has begun a new chapter in its legal history with the Second Republic Constitution, the judge states that the doctrine is now dead and has no place. He contrasts the absolute and unfettered power of Parliament in countries where parliamentary supremacy prevails with Ghana’s framework, where Article 1 vests sovereignty in the people and declares the Constitution the supreme law. Citing Article 153, the court underscores the constitutional guarantee of the institution of chieftaincy and its traditional councils.