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Interpretation of the Constitution not sole responsibility of Supreme Court – Domelovo

by Agaatorne Douglas Asaah
0 comment 2 minutes read
Daniel Yao Domelovo

Former Auditor-General Daniel Yao Domelovo has said that the translation of the Constitution is not solely the responsibility of the Supreme Court of Ghana.

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Addressing a forum in Koforidua on Tuesday organized by Crusaders Against Corruption, Domelovo said that Article 34 of the Constitution gives citizens the right to interpret and apply it.

He lamented the common notion that the Supreme Court is the only institution certified to interpret the Constitution, adding that it is dangerous and an error.

Domelovo said “Over the past four or five days, I have been hearing even Lawyers saying that the interpretation of the Constitution and laws in this country is the preserve of the Supreme Court. I ask which school did you attend? Article 34 provides the directive principles of state policy which according to the Constitution should guide the President, the parliament, the Executive, and everyone including us (all the citizens) in doing through this interpreting and applying the Constitution”.

He stated “It is a constitutional right to interpret the Constitution it is only when the interpretation conflicts with yours then we now activate the Supreme Court to come in. But let nobody deceive us, if you doubt me don’t trust me go home look at article 34 it enjoins all of us to interpret and apply the Constitution. So when people say no no no! You have no right to interpret the Constitution I ask where are you coming from? Which school”

His comment follows the latest controversy surrounding a Supreme Court ruling at the Speaker of Parliament’s declaration of four parliamentary seats as vacant.

Domelovo expressed the significance of upholding the integrity of the Supreme Court, urging the judges to heed the recommendation of the National Security Minister and maintain professionalism to guard the court docket’s reputation and peace in the United States.

“I would like to admonish them [Supreme Court] that they should heed to the advice given them by the minister of National Security. Hon. Kan Dapaa told them that if your interpretation is titled so much towards us[government] all the time it will create problems. Have you seen that it is creating problems? Yesterday I read it somewhere that the former chief Justice Sophia Akufo said the Supreme Court is now very predictable. If she said it then I cannot agree more with her. We need professionalism we have only one country” he added.

On the issue of corruption in state institutions, the former Auditor warned that worsening corruption is depriving the general public of improvement and affecting livelihoods.

He stressed the need for effective financial control systems and the strengthening of key institutions along with the Police, the Auditor-General’s office, and the Office of the Special Prosecutor to assist minimize corruption.

Domelovo admonished the young people to be awake from their slumber to use democratic ideas to fight in opposition to corruption.

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