Nana Dr. S K B Asante (Right) and Dr. S Y Bimpong-Buta at the book launch
By William Yaw Owusu
Saturday December 15, 1007
NANA Dr. S. K. B. Asante, a prominent legal brain says Ghanaians should not rush to amend the constitution until “we have exhausted the mechanisms of judicial interpretation and examined learned commentary on such interpretations.”
He said the occasion calls for amendment of the constitution sometimes stem from a failure to appreciate the critical role of the Supreme Court in interpreting, clarifying, refining and consolidating the constitution.
“We must know that the constitution is essentially a body of basic principles which must necessarily be elaborated through judicial interpretation,” he said in a speech at the launch of a book on “Role of the Supreme Court in the Development of Constitutional Law of Ghana,” in Accra on Thursday.
The 365 page book was authored by Dr. Seth Y. Bimpong-Buta, a former Director of the Ghana School of Law and now Editor-in-Chief of the Supreme Court of Ghana Law Reports.
Nana Dr. Asante who is the immediate past president of the Ghana Academy of Arts and Sciences (GAAS) said although concerns have sometimes been expressed about certain aspects of the constitution, “we can say without serious challenge that we have not experienced any significant constitutional crises and that there is no compelling consensus for a radical reconstruction or dismemberment of the constitution.”
“The basic precepts of a liberal constitutional order are embedded in our constitution. We are celebrated as an oasis of stability and good governance in a very turbulent region.
“We need to remind ourselves, with some sense of ratification and appreciation, that we have enjoyed an uninterrupted constitution regime for 15 years under which we have successfully organised four general elections, formed and operated constitutional government, witnessed the shift of executive power from one party to another and maintained the shift of executive power from one party to another and maintained the rule of law.”
Nana Asante who chaired the function paid glowing tribute to Dr. Bimpong-Buta for compiling the book, describing him as “placing the entire nation in his debt.”
Dr. Bimpong-Buta in giving an overview of the book, said the Supreme Court should be consistent in its decisions so as to ensure the sanctity of the spirit and letter of the constitution and also enable litigants to know where they stand with regards to the interpretation of the law.
The Chief Justice, Mrs. Georgina Wood who was the guest of honour said, “Dr. Bimpong-Buta has given the legal profession the most invaluable gift.”
“He has established himself as an authority in constitutional law and what he has compiled will help develop constitutionalism in Ghana because there are no regular publications subjecting our work to critical examination.”
An eminent retired jurist, Justice V.C.R.A.C Crabbe who launched the book said it will promote the democratic dispensation of the country.
He advised judges, lawyers as well as students to take advantage of the book to expand the frontiers of the law.
Dr K. O. Adinkrah, Acting Director of GSL said there should be a critical assessment of the role played by the Supreme Court towards the development of the country in the last 50 years and find ways to empower the courts to do more.
The first copy of the book was auctioned for ¢10.1 million.
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