Speaker of Parliament Alban Sumana Bagbin has urged the Supreme Court to guard against constitutional overreach and excessive judicial restraint in exercising its mandate.
He said the country’s apex court must strike a careful balance in exercising its constitutional authority to safeguard democracy and uphold the rule of law.
Mr Bagbin made the call at a lecture marking the 150th anniversary of the Supreme Court at the Ghana School of Law in Accra, where he spoke on the theme: “The Supreme Court in the Life of the 1992 Constitution: Taking Stock and Looking Forward.”
“As the court (Supreme Court) looks into the future, it must remain vigilant against the two constitutional dangers. The First danger is constitutional overextension, and the second danger is excessive judicial restraint.,” he said.
Mr Bagbin said the 1992 Constitution conferred broad and multifaceted jurisdiction on the Supreme Court, which should be exercised with constitutional discipline.
“The Court must resist the temptation to extend its jurisdictionally powers to matters that might be considered as Constitutional overextension.”
The Speaker said the courts strengthened democracy not by assuming responsibilities assigned to the political branches but “by ensuring that every institution faithfully performs the responsibilities assigned to it by the Constitution.”
“My humble submission is for the Supreme Court to deploy its powers in ways which make the law serve the purpose of society.
The temptation to substitute judicial preference for constitutional command must be resisted,” he said.
Mr Bagbin said excessive judicial restraint could also undermine constitutional democracy when constitutional rights were threatened, constitutional limits disregarded or democratic institutions came under strain.
“At such moments, excessive restraints may prove as damaging to constitutional democracy as excessive intervention. In the same way, the Supreme Court should restrain itself from expanding its jurisdiction by interpretation to cover more and more non-strategic cases,” he stressed.
Mr Bagbin said the Supreme Court’s caseload should be managed to enable it to focus on strategic constitutional and legal issues affecting national life.
He said the Constitution required the Court to act “neither timidly nor aggressively” but constitutionally, adding that its enduring authority would depend on its ability to avoid both extremes while remaining faithful to the Constitution.
The Speaker also called for coherence in constitutional interpretation.
“The authority of the Supreme Court drives not merely from the finality of its judgement but from the quality, coherence and predictability of its constitutional reasoning,” he said.
Mr Bagbin said the Court’s constitutional adjudication should provide clarity where uncertainty existed, certainty where ambiguity persisted and principled guidance for public institutions.
He urged the Supreme Court to continue developing a coherent philosophy of constitutional interpretation and commended it for its contribution to the resolution of election petitions during the Fourth Republic.
Mr Bagbin also called for increased funding for the Supreme Court to strengthen its capacity to discharge its constitutional mandate.
Chief Justice Paul Baffoe-Bonnie said the Supreme Court’s 150th anniversary was an opportunity not only to reflect on its history but also to look ahead.
He said the Court had shaped generations of lawyers, judges and legal scholars and had clarified constitutional boundaries, protected fundamental human rights, resolved institutional disputes and helped guide Ghana’s democratic development.
Justice Baffoe-Bonnie expressed optimism that the lecture would deepen public understanding of the Constitution, enrich appreciation of the Supreme Court and inspire participants.
The lecture brought together former Supreme Court judges, lawyers, students, lecturers, chiefs and queen mothers.
