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ABU RAMADAN, EVANS NIMAKO AND KWASI DANSO ACHEAMPONG V. ELECTORAL COMMISSION AND THE ATTORNEY GENERAL

(2014) JELR 68696 (SC)

Supreme Court  •  CONSOLIDATED WRITS NOS.: J1/11/2014 AND J1/9/2014  •  30 Jul 2014  •  Ghana

Coram
WOOD (MRS) CJ (PRESIDING), ADINYIRA (MRS) JSC, DOTSE JSC, YEBOAH JSC, GBADEGBE JSC, BENNIN JSC, AKAMBA JSC

Judgement

REASONS FOR THE DECISION

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 and Avalifo [2000] SCGLR 149 and Ghana Bar Association v. Attorney–General [2003-2004] 1 SCGLR 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-
(…

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