Ghana High Court Blocks OSP Act from Overriding Constitution

• The High Court ruled that the OSP Act cannot override the Constitution.
• Ghana's Constitution provides a clear procedure for amending its provisions.
• Ordinary legislation cannot be used to circumvent the amendment process.
• Previous Supreme Court decisions have consistently upheld the principle of adhering to constitutional amendment procedures.

The OSP Act is an ordinary legislation passed under Article 106, not under the constitutional amendment procedures. So, it is difficult for me to say or to accept the view that the OSP Act has changed the provision of the Constitution.

The recent High Court ruling has sparked debate among legal practitioners and governance experts regarding the constitutional limits of the Office of the Special Prosecutor's (OSP) prosecutorial mandate. At the heart of the controversy is the question of whether the OSP Act can override the Constitution. According to Deputy Attorney-General, Dr. Justice Srem-Sai, the High Court correctly held that the OSP Act cannot supersede the Constitution. This ruling has significant implications for the separation of powers in Ghana's governance structure.

Ghana's Constitution provides a clear procedure for amending its provisions, which is a crucial aspect of maintaining the rule of law and protecting individual rights. The Constitution Review Commission, established in 2010, was founded on the understanding that constitutional amendments must follow this prescribed process. Dr. Srem-Sai emphasized that ordinary legislation cannot be used to circumvent this process, highlighting the importance of adhering to the amendment procedures outlined in the Constitution.

The High Court's ruling reinforces the principle that ordinary legislation cannot amend constitutional provisions. This has significant implications for lawyers and compliance officers, who must ensure that any legislative changes align with the prescribed amendment process. Dr. Srem-Sai noted that previous Supreme Court decisions have consistently ruled that Parliament cannot amend constitutional provisions through ordinary legislation, underscoring the importance of following established procedures to avoid conflicts with the Constitution.

Lawyers and compliance officers should note that this ruling reinforces the principle that ordinary legislation cannot amend constitutional provisions, emphasizing the importance of following the prescribed constitutional amendment process in Ghana.

Source: Original reporting via Albert Kuzor