constituteproject.org

PDF generated: 04 Oct 2013, 20:33

CHAPTER 1

THE CONSTITUTION
1 SUPREMACY OF THE CONSTITUTION
(1)
The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the
powers of government are to be exercised in the manner and within the limits laid down in this
Constitution.
(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.

2 ENFORCEMENT OF THE CONSTITUTION
(1)
A person who alleges that –
(a) an enactment or anything contained in or done under the authority of that or any other
enactment; or
(b) any act or omission of any person,
is inconsistent with, or is in contravention of a provision of this Constitution, may bring an action in
the Supreme Court for a declaration to that effect.
(2)
The Supreme Court shall, for the purposes of a declaration under clause (1) of this article, make such
orders and give such directions as it may consider appropriate for giving effect, or enabling effect to
be given, to the declaration so made.
(3)
Any person or group of persons to whom an order or direction is addressed under clause (2) of this
article by the Supreme Court, shall duly obey and carry out the terms of the order or direction.
(4)
Failure to obey or carry out the terms of an order or direction made or given under clause (2) of this
article constitutes a high crime under this Constitution and shall, in the case of the President or the
Vice-President, constitute a ground for removal from office under this Constitution.
(5)
A person convicted of a high crime under clause (4) of this article shall—
(a) be liable to imprisonment not exceeding ten years without the option of a fine; and
(b) not be eligible for election, or for appointment, to any public office for ten years beginning with
the date of the expiration of the term of imprisonment.

Ghana 1992 (rev. 1996)

Page 3

Select target paragraph3