GIMPA LAW SCHOOL
CONSTITUTIONAL LAW I
TUTORIAL QUESTIONS
INTRODUCTION TO CONSTITUTIONAL LAW AND CONSTITUTIONS
1. How useful and relevant are the classifications of Constitutions to your understanding
of constitutions.
2. The seminal case of Marbury v. Madison was an attempt by the U.S. Supreme Court to
assume powers unknown to its Constitution. Discuss.
3. Classifications of constitutions are no more than an exercise in formalism. What are the
classifications of constitutions and in your opinion, do these classifications have any
substantive effect? Relate your answer to Ghana.
4. Give your reasoned arguments in favour of or against the view that the classification of
constitutions is a useless enterprise which discloses little about the actual workings of
Constitution(s).
5. What are the various classifications of constitutions? In your opinion, are these
classifications accurate or adequate?
6. Discuss the differences between written and unwritten constitutions. What are the
advantages of one over the other?
7. ‘The use of the term “Constitution” can be often misleading’. Do you agree? Give reasons
for your position(s).
8. Write a considered opinion on the contribution of the decision in Marbury v. Madison to
your understanding of the nature of Constitutions.
9. With the aid of decided cases, explain the Monist and Dualist theories on the relationship
between municipal and international law and indicate, with reasons, your preference.
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10. Classifications of constitutions are no more than an exercise in formalism. What are the
classifications of constitutions and in your opinion, do these classifications have any
substantive effect? Relate your answer to Ghana.
11. The decision in Re AKOTO & 7 Ors has been decried for its outcome but praised for the
arguments. Do you agree with the critics? In your opinion, how would you compare the
arguments and decision?
12. Give your reasoned arguments in favour of or against the view that the classification of
Constitutions is a useless enterprise which discloses little about the actual workings of
Constitution(s). How accurate is this assertion in relation to the 1992 Constitution?
13. “… treaties, even when the particular treaty has been ratified by Parliament, do not alter
municipal law until they are incorporated into Ghanaian law by appropriate legislation” Per
Date Bah JSC in Republic vs. High Court (Commercial Division) Ex Parte Attorney-
General. [No.J5/10/2013].
Discuss the constitutional theory or theories the learned Justice was alluding to in that
Judgment and indicate how accurate this assertion is in relation to the 1992 Constitution?
Support you answer with relevant authorities.
14. Write a considered reflection on the contribution of the decision in Marbury v. Madison
[1 Cranch 137 (1803)] to your understanding of the concept of judicial review. Your
reflections should include to the extent possible, the application of the doctrine under
the 1992 Constitution.
15. How does the case of The Republic v. High Court (Commercial Division) Accra, Ex Parte
Attorney-General (NML Capital Ltd and Republic of Argentina Interested Parties) aid in
your comprehension of the relationship between International law and Municipal law?
16. “The dichotomy in Public International Law on the process of Treaty application in a
municipal jurisdiction like Ghana is of no benefit to a student of Constitutional Law.”
Discuss the accuracy or otherwise of this statement with the aid of relevant authorities
and principles.
17. “…A written Constitution such as ours is not an ordinary Act of Parliament. It embodies
the will of a people. It also mirrors their history. Account, therefore, needs to be taken
of it as a landmark in a people’s search for progress. It contains within it their aspirations
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and their hopes for a better and fuller life.” per Sowah JSC Tuffour v Attorney General
[1980] GLR 637 @647
In your opinion, does the 1992 Constitution reflect this view? Explain your answer citing
relevant authorities.
18. Discuss, within the context of the Written submissions by JB Danquah and Geoffrey Bing
in Re Akoto and Seven Others 2 G&G 543 your understanding of the nature and scope of
Constitutions.
19. How does the decision in the case of Margaret Banful & Henry Boakye Vrs. Attorney-
General & the Ministry of Interior ([No. J1/7/2016 unreported] aid in your comprehension
of the relationship between International law and Municipal law in Ghana.
THE CONCEPT OF CONSTITUTIONALISM
1. With the aid of decided cases and authorities, explain the concept of Constitutionalism.
2. Given your understanding of the concept of constitutionalism, in your considered
opinion, do you think that the decision in Shalabi v. AG was correctly decided? Give
reason for your opinion.
3. “The concept of Constitutionalism as the name suggests is a consequential benefit of
any constitutional dispensation.” With the aid of relevant authorities assess the accuracy
or otherwise of this statement.
4. Justice Ali Baba a citizen of Nigeria and a guest speaker at a conference on Law and
Development in South Africa said that “Nigeria practices constitutionalism because it
has a constitution and it practices democracy.” Kwame a citizen of Ghana, who was at
the conference, was confused by the comments of Ali Baba. He has come to you his
friend in Law school for further explanation. As a constitutional law student, write a
report to be published in Africa International Law Journal critically assessing the
comments made by Ali Baba as it relates to constitutionalism.
5. “…military regimes can never be perceived as limitable. Military governments have
virtually nothing that limits their operations so as to qualify them for consideration under
any discussion on constitutionalism.…Military regimes have the following
consequences for constitutionalism; The Constitution is abrogated, the benefits of
limitations imposed by the constitution are therefore lost; The concept of separation of
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powers has no place in military administrations; The rule of law gives way to arbitrary
rule; The independence of the Judiciary is compromised; …Fundamental human rights
are no longer guaranteed; The media becomes subjected to undemocratic controls; The
rights of citizens to freely elect their representatives is lost under military regimes.
Military regimes are indeed anathema to constitutionalism.”
Do you agree with the above quote? Support your answer with relevant authorities.
6. "Constitutionalism is...the principle that the exercise of political power shall be founded
by rules, rules which determine the validity of legislative and executive action by
prescribing the procedure according to which it must be performed or by delimiting its
permissible content....Constitutionalism becomes a living reality to the extent that these
rules curb the arbitrariness of discretion and are in fact observed by the wielders of
political power, and to the extent that within the forbidden zones upon which authority
may not trespass there is significant room for the enjoyment of individual liberty. [De
Smith, S A, 'Constitutionalism in the Commonwealth Today', Malaya Law Review,
4,2:205-17 P 205]
In your opinion, does the 1992 Constitution offer hope for achieving the standards set
out by De Smith? Explain your answer citing relevant authorities.
THEORIES OF SEPARATION OF POWERS & CHECKS AND BALANCES
1. “… a careful reading of our Constitution, 1992 reveals that the separation is not intended
to be airtight, very often, there is overlapping of power as an aspect of checks and
balances.” Per Kpegah JSC in the case of Ghana Bar Association v. Attorney-General [1995-
96] 1 GLR 598. With the aid of decided cases discuss this statement by the learned
Justice.
2. What are the key provisions in the Constitution that support an assertion that the
Ghanaian Constitution is built on the theory of Separation of Powers. With the aid of
decided cases assess the Supreme Court’s application of the theory to the framework of
government established under the Constitution.
3. “While the constitution diffuses power the better to secure liberty, it also contemplates
that practice will integrate the dispersed powers into a workable government. It enjoins
on its branches separateness but interdependence; autonomy but reciprocity” per
Justice Jackson in Youngstown Sheet& Tube Co. v. Sawyerr.
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Do you think that the theory the learned Justice was referring to is useful to developing
countries like Ghana? Your answer should reflect at least one other Ghanaian judicial
decision you have studied.
4. Evaluate the decision in Tuffour v. Attorney-General in so far as it relates to what you
understand as the basic ideas concerning the concept of “separation of powers”.
5. Justice Archer’s critique of the majority decision in the case of NPP v. AG (31ST
December) illustrates the problems with the model of separation of powers established
under the 1992 Constitution. What model of separation of powers is enshrined under the
1992 Constitution and what are the difficulties with that model?
6. What are the key provisions in the Constitution that support an assertion that the
Ghanaian Constitution is built on the theory of separation of powers. With the aid of
decided cases assess the Supreme Court’s application of the theory to the framework of
government established under the Constitution.
7. On the 19th of September, 2013 the Speaker of the Parliament of Akaponia, Hon. Marshall
de la Toya took the oath of office to become acting President of Akaponia pursuant to
the 1992 Constitution of Akaponia.
On the 4th and 7th of November, 2014 respectively Hon. Marshall declined to take the
oath arguing that “…after careful reading of the relevant provisions and the oath I took
on the 19th of September 2013, I arrived at the conclusion that it would not be necessary
to subscribe to another presidential oath.”
Critically evaluate the applicability of the case of Asare v. Attorney-General [2003-2004]
SCGLR 823 in respect of recent happenings concerning the Speaker’s refusal to subscribe
to the presidential oath. The Republic of Akaponia has a similar Constitution and legal
tradition to that of the Republic of Ghana.
8. The Supreme Court of Ghana (SCOG) has over the years provided uncertainty as to the
application of the doctrine of Separation of Powers under the 1992 constitutional
dispensation.
With the aid of decided cases and authorities, Discuss
9. "Parliament is vested with the legislative powers so in that sense it is supreme and yet
not supreme. The question is not whether it has the power to make laws and exercise
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its functions, but whether the procedural means of exercising its power as required by
the 1992 Constitution have been followed."
Discuss with reference to the Supreme Court of Ghana (SCOG) decisions in the cases of
J.H Mensah v. Attorney-General [1996--97] SCGLR 320 and Opremreh v. Electoral
Commission of Ghana &Attorney-General [2011] 2 SCGLR 1159
10. According to Bennion “A basic analysis would show civilised people governing
themselves first by establishing some means of laying down general rules for the
ordering of individual conduct and state affairs..., secondly by establishing some means
both of finding out whether individuals have broken such of the rules of conduct as are
mandatory (and punishing them if they have) and of settling disputes between
individuals as to the meaning or effect of other rules of conduct, and thirdly by
establishing some means of carrying into effect the rules laid down for ordering affairs
of State. The means thus established regulate respectively the exercise of the legislative
power, the judicial power and the executive power of the State."
With the aid of relevant authorities discuss the above in relation to the 1992 Constitution.
11. Edward Wiredu JSC (as he then was) in his opinion in support of the unanimous decision
of the Supreme Court in Ghana Bar Association v Attorney-General (Abban Case) said:
“The Constitution has vested the power of judicial review of all legislation in the
Supreme Court. It has dealt away with either an executive or parliamentary
sovereignty and subordinated all the arms or organs of State to the Constitution...The
arms of State and the institution involved in the appointment of the Chief Justice are
all creatures of the Constitution and each, in playing its part, must exercise such
powers as are authorized by it in a democratic manner as enshrined in the
Constitution.”
With the aid of relevant authorities, examine the ambit of the Supreme Court’s power
of judicial review of legislative action.
THE RULE OF LAW: RELEVANCE; APPLICATION AND LIMITS
1. Discuss the decision in the Associated Provincial Picture Houses v. Wednesbury
Corporation as it relates to any of the constitutional theories you have studied in this
semester.
2. The decision in the Council of Civil Service Union v. Minister for the Civil Service is a
major victory for the Rule of Law. Discuss
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3. Summarize your understanding of the concept of the Rule of Law, and with the aid of
decided cases you have studied, discuss its relevance to the developing democracy like
Ghana.
4. What are the tenets of Rule of Law? In your opinion, how are these tenets reflected in
the 1992 Constitution. Support your answer with decided cases.
5. Write a considered opinion on the contribution of the decision in the Associated
Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948) 1 KB 223 to the
understanding of the concept of the RULE of LAW.
6. Discuss the decision in the Associated Provincial Picture Houses v. Wednesbury
Corporation as it relates to any of the constitutional theories you have studied in this
semester.
7. The decision in the Council of Civil Service Union v. Minister for the civil Service is a major
victory for the Rule of Law. Discuss
8. Explain the lessons of the Rule of Law to be learnt from the decision in Captan v.
Attorney-General.
9. Summarize your understanding of the concept of the Rule of Law, and with the aid of
decided cases you have studied, discuss its relevance to the developing democracy like
Ghana.
10. What are the tenets of Rule of Law? In your opinion, how are these tenets reflected in
the 1992 Constitution. Support your answer with decided cases.
11. The decisions in the cases of The Council for Civil Service Union v. Minister for the Civil
Service [1985] AC 374 and Associated Provincial Picture Houses Ltd. v. Wednesbury
Corporation (1948) 1 KB 223 can be said to have arrived at the same conclusion using
different tools.
With specific references to the principles applied in the two cases state the accuracy or
otherwise of this assertion, and also their relationship with the principles for the exercise
of discretion under the Constitution.
12. What are the tenets of the doctrine of Rule of Law as espoused by A.V. Dicey?
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In your opinion, how are these tenets reflected in the 1992 Constitution. Support your
answer with relevant decided cases.
13. What are the tenets of the doctrine of Rule of Law as espoused by A.V. Dicey?
In your opinion, how are these tenets reflected in the 1992 Constitution. Support your
answer with relevant decided cases.
14. “…Discretion is now seen as necessary for the decision making required in an
increasingly complex society. More recently, therefore, the Rule of Law has been
reconciled to discretionary power. However, discretion should still be constrained by
values of the rule of law, such as fairness, impartially and equality…”
With specific references to the principles for the exercise of discretion provided under
the 1992 Constitution and with the aid of relevant decided cases, Discuss.
15. What are the tenets of the doctrine of Rule of Law as espoused by A.V. Dicey? Discuss
this concept of the Rule of Law in the context of the decision in the case of the State vrs.
General Officer Commanding the Ghana Army; Ex parte Braimah [1967] GLR 192.
16. One of the principles underpinning constitutionalism and democratic governance is the
“rule of law”.
17. Explain what is meant by the “rule of law” as propounded by A.V. Dicey. Using Ghana as
an example, discuss how rule of law has had any practical significance.
18. “…Discretion is now seen as necessary for the decision making required in an
increasingly complex society. More recently, therefore, the Rule of Law has been
reconciled to discretionary power. However, discretion should still be constrained by
values of the rule of law, such as fairness, impartially and equality…”
With specific references to the principles for the exercise of discretion provided under
the 1992 Constitution and with the aid of relevant decided cases, Discuss.
19. The principle of equality before the law is firmly embedded in Ghana. However, so are
discriminatory practices.
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Critically assess whether this statement accurately describes the application of the rule
of law in Ghana under the 1992 Constitution in the light of the decision in the Ahumah-
Ocansey V Electoral Commission; Centre For Human Rights & Civil Liberties
(Churcil) V Attorney
JUDICIAL INDEPENDENCE & REVIEW: KEY PRINCIPLES AND LIMITS
1. Judicial review is nothing but a political tool in the hands of independent unelected
justices. Courts pretend to be interpreting the law while advancing their own
preferences and prejudices. It’s a threat to the democratic process and ought not to be
countenanced in modern constitutional systems.
With the aid of relevant authorities, state if this statement is a true reflection of the law
and principles of judicial review under the 1992 Constitution.
2. Write a considered reflection on the contribution of the decision in Re Akoto and Seven
Others to your understanding of the concept of judicial review.
Your reflections should include to the extent possible, the application of the doctrine
under the 1992 Constitution.
3. “It is emphatically the province and duty of the Judicial Department to say what the law is.
Those who apply the rule to particular cases must, of necessity, expound and interpret the
rule. If two laws conflict with each other, the Courts must decide on the operation of each.”
Discuss the legal doctrine being reiterated with the aid of relevant authorities (including
the case in which the statement was made), and constitutional and statutory provisions,
taking into consideration the history of the doctrine in Ghana’s constitutional and
political history i.e. 1957 to date.
4. His Excellency Zigi, President of the Republic of Tonga nominated Justice George
Chartwell, a justice of the Supreme Court for appointment as Chief Justice after
consultation with the Council of State. The nomination was subsequently approved by
Parliament.
Toro Vogas, a prominent lawyer and leader of the pressure group Occupy Tonga, claims
that the appointment of Justice George Chartwell is contrary to the provisions of the
Constitution because he is not a person of high moral character and proven integrity and
as such not qualified for appointment as a Justice of the Supreme Court and
consequently Chief Justice.
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Toro Vogas has therefore invoked the original jurisdiction of the Supreme Court and
seeks a declaration that by virtue of the provisions of the Constitution, His Excellency
Zigi should not have nominated and appointed Justice George Chartwell Chief Justice
since he was not a person of high moral character and proven integrity. Toro Vogas
further seeks a declaration that the appointment of Justice George Chartwell by the
President, the advice of the Council of State and the approval of Parliament to the
appointment were in contravention of the Constitution of the Republic of Tonga and
were therefore null and void.
Marshall Matters, Attorney General of the Republic of Tonga, denies the claims made by
Toro Vogas and has raised a preliminary objection to his contention. He argues that by
virtue of the doctrine of separation of powers enshrined in the constitution, the
appointment of Justice George Chartwell is a non-justiciable political question
specifically reserved for the Executive and the Legislature.
Toro Vogas however submits that the principle of non-justiciable political question is not
applicable under the Constitution because the Constitution gives the Supreme Court the
final judicial power to determine whether any person had properly performed his duties
under the Constitution.
As the Judge writing the lead opinion of the Supreme Court, write a detailed ruling
assessing the arguments in the Court. You are to be guided by relevant authorities. The
Republic of Tonga has a constitution and legal tradition similar to that of Ghana.
PRINCIPLES OF NATURAL JUSTICE AND THE CONSTITUTION
1. Explain the ambit and content of the audi alterem partem principle of natural justice.
Illustrate with decided cases.
2. Discuss, with the aid of decided cases, the usefulness of the Nemo Judex in Causa sua rule
in Ghana.
3. Carefully review the decision of the court in the case of Republic v. High Court, Denu; Ex
Parte Agbesi Awusu II (No.2) (2003-2004) SCGLR 907 as it relates to the deepening of
Natural Justice adjudication in Ghana.
4. “…those whose duty it is to decide must act Judicially. They must deal with the question
referred to them without bias and they must give to each of the parties the opportunity of
adequately presenting the case made. The decision must come to the spirit and with the
sense of responsibility of a tribunal whose duty it is to meet out justice…”
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With the aid of decided cases and other relevant authorities, critically examine the legal
principle(s) being referred to in the above statement.
5. On the 20th of August, 2013, the Diplomat daily newsletter published a letter by a person
who claimed to be a whistleblower. The Whistleblower leveled serious allegations
against Ms Wendy Williams, the Registrar-General of the Judiciary of the Republic of
Dzafaria.
Justice Dr. Nina Vuvor, JA, chairperson of the Judicial Service Board (JSB) read the
newsletter the morning ahead of a very important meeting of the Judicial Service Board.
She was so incensed by the allegations leveled against Ms Williams that she felt
compelled to raise the matter at the meeting.
Ms Williams who had also read the same newsletter that morning, cried the whole day
and stayed in bed. As a result she missed the meeting of the Judicial Service Board.
Though there was no item on the agenda relating to the conduct of Ms Williams, it was
none the less resolved to consider the matter due to the gravity of the accusations. The
Board proceeded to suspend Ms Williams from office and the public invited to lodge
complaints against her. The decision was ratified by a majority of five (5) members out
of the nine (9) at the meeting held.
Ms Williams was apprised of the decision of the Board when watching TV Africa the
Saturday following the meeting. TV Africa had televised a press conference at which the
decision of the JSB was announced.
By a letter dated 10th September, 2013, the Board through the Hon. Chief Justice sent Ms.
Williams a raft of allegations under five heads as follows;
a. Financial mismanagement;
b. Mismanagement in Human Resource;
c. Impropriety in procurement;
d. Insubordination; and
e. Misbehavior.
The document shows that each of the 23 allegations received from the public contained
particulars of the misconduct Ms Williams was accused of.
Ms. Williams responded to the said allegations in a response to the JSB.
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The Board thereafter issued a media release that the disciplinary hearing against the Ms.
Williams would be held on 16th September, 2013. The press release included the fact the
JSB had received the response to the specific allegations by Ms. Williams and intended to
hear her out at an oral hearing to commence at 10.00 a.m. on 16th October, 2013.
At the hearing, Counsel for Ms. Williams, Timothy Abbey, raised a number of preliminary
objection.
a. That the Board was said to be crying more than the bereaved and by so doing acted ultra
vires and without jurisdiction.
b. Mr. Abbey also submitted that she would not get a fair and impartial hearing contrary
to Article 23 of the Constitution in that she was, in spite of protestation, not given
adequate time to prepare her defence; She was not allowed to call witnesses to rebut
the allegations; was not adequately informed of the case against her; her defence was
not in any event impartially evaluated and that she had protested that several of the JSB
members who sat to suspend her at the Meeting , and participated in the so called
disciplinary action were biased against her and had in the past demonstrated such bias
in the course of her duties.
The JSB overruled her preliminary objection raised by the counsel Abbey and proceeded
with the Public Hearing. Before proceeding to dismiss the objection, Justice Vuvor remarked
to Ms William that “you will soon be cut to size and shown real power. There can only be
one God in the Judiciary.”
On the 18th of October, 2013, the Judicial Service Board of the Republic of Dzafaria
purportedly removed Ms. Williams as the Chief Registrar of the Judiciary without any
reasons by a letter of the same date. The letter read in part as follows;
“RE: REMOVAL FROM OFFICE AS THE CHIEF REGISTRAR OF THE JUDICIARY
Following the disciplinary proceedings initiated against you by the Judicial Service Board
as per the allegations set out in the Board’s letter dated 10th September, 2013, and having
considered your written oral responses, the Commission has deliberated on the same and
reached a decision.
Accordingly, the Board in its sitting of 18th October, 2013 in exercise of its mandate as set
out in the Constitution has resolved to terminate your appointment and remove you
from office as the Chief Registrar of the Judiciary with effect from 18th October, 2013.
Justice. Dr. Nina Vuvor
CHAIRMAN
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Ms. Williams dissatisfied with the decision has filed an application at the High Court of the
Republic of Dzafaria for an order to quash the decision and prohibit the Board from taking
any further steps against her.
As the sitting High Court Judge, write a detailed judgment assessing the arguments before
the Court.
You are to be guided by relevant authorities. The Republic of Dzafaria has a constitution
and legal tradition similar to that of Ghana.
6. The Board of Managers of the Puntland Transport Limited(PTL) acting on the adverse
findings made against Kweku Afari and Ama Anyidoho, by a board of inquiry set up by
the corporation to investigate a certain transaction relating to the purchase of buff
envelopes for the period September 2014 to November 2014, imposed penalties on
Kweku Afari and Ama Anyidoho by reducing their ranks from deputy chief internal
auditor to principal internal auditor in the case of Afari and from chief accountant to
deputy chief accountant in the case of the other Anyidoho.
In the case of Afari, he was transferred to the accounts department on special duties
and his reduced said to be operative for a year.
The two instituted the instant proceedings for an order of certiorari, to quash the
penalties imposed upon them on the grounds, for the violation of elementary rules of
natural justice.
In cross-examination during trial, witness for PTL was asked if she had previously spoken
to the trial magistrate about the case. This allegation was denied by the witness. The
applicants did not call any admissible evidence on the issue but applied to the trial
magistrate to stop hearing the case and refer it to another magistrate for hearing as to
the truth or otherwise of the allegation. After reviewing the evidence, the trial
magistrate concluded that there was no foundation in the allegation and therefore
dismissed the application. The applicant’s action was subsequently thrown out.
On appeal, Kweku Afari and Ama Anyidoho contended that the whole trial was a nullity
and unsatisfactory because on the facts there were breaches of Natural Justice.
As the appellate Justice, write a reasoned judgment on the issues raised by Afari and
Anyidoho at the trial and on appeal.
7. The Republic of Ayalolo has recently completed its national election for a new President.
The candidate of the leading opposition party was declared the winner with a very slim
margin. The incumbent President, dissatisfied with the results, issued a writ at the
Supreme Court challenging the results.
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Meanwhile, a State airplane carrying senior public servants from a funeral of a leading
traditional ruler in the Republic of Ayalolo crashed killing all on board. On board the fatal
flight were 10 of the 15 Supreme Court Justices of the Republic.
Despite the state of affairs, the writ challenging the elections was listed to be heard on
the 12th day of December. On the 10th of December, the Chair of the election body of the
republic was allegedly caught on tape discussing a number of issues with the Chief
Justice after which the latter is quoted to have said "all plans are in place and everything
is going to be dealt with; if he has lost he has lost”.
On the day of the hearing the court is empanelled with all the remaining justices of the
Supreme Court to hear the petition challenging the election. However, at the
commencement of the hearing, counsel for the incumbent president raises a preliminary
objection against the sitting of the chief justice as a member of the panel on the case.
The primary basis for the objection is that the Chief Justice sitting on the case will breach
fundamental rules of natural justice because of the alleged statement of the Chief
Justice to the Chair of the election body. The objection invites the Chief Justice to recuse
himself.
As counsel for the election body, the court has requested that you provide your
reasoned legal response to the preliminary objection.
Assume that the legal system in the Republic of Ayalolo is the same as that of the
Republic of Ghana and with the aid of relevant authorities, write a reasoned opinion on
the legality or otherwise of the Chief Justice empaneling herself in that matter.
INTERRUPTIONS TO THE CONSTITUTIONAL ORDER- LEGAL EFFECT(S) OF COUP D’ETATS &
REVOLUTIONS
1. How would you treat the case of Ekwam v. Pianim if it were to arise under the 1992
Constitution?
2. The provisions of the Constitution have effectively rendered coup d’etats impossible by
discouraging anyone from thinking of staging one. Is this statement accurate? With the
aid of relevant authorities, examine the provision(s) against coup de’etat contained in
the 1992 Constitution of Ghana.
3. Discuss the decision in Sallah v. Attorney-General against the background of the Finnis’
theory of continuity of constitutions.
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4. Discuss the decision in the two cases of Lakanmi v. Attorney-General and the Sallah v.
Attorney-General in the light of the Kelsenite Theory of Revolutions.
5. You are a member of the panel of judges to which the government has appealed against
the decision in the Lakanmi Case. Write a reasoned opinion on the decision.
6. Compare and contrast the decsions in Lakanmi v Sallah v. AG as far as they relate to the
theory of the discontinuity of constitutions.
7. The treatment of Coup d’etats as a political reality under the constitution seems to reject
Hans Kelson’s theory of legal discontinuity. Discuss
8. How does the constitution treat the subject of Coup d’etats? Your analyses should be
made with reference to the Kelsens theory on Coup d’etats and revolutions.
9. The provisions of the Constitution have effectively rendered Coup d’etats impossible by
contemplating the possibility of reinstating the Constitution when overthrown.
With the aid of relevant authorities, examine the effectiveness of the provisions in
question in the light of the court’s jurisprudence on the issue over the years.
8. The jurisprudence of the Ghanaian courts on Coup d’etats over the years has effectively
rendered the 1992 provisions on the prevention of Coup d’etats impractical.
With the aid of relevant decided cases and applicable authorities, examine the
effectiveness of these provisions in question based on the Ghanaian jurisprudence.
10. Critically assess the jurisprudence of the Ghanaian courts on the effects of Coup d’états
in light of Hans Kelsen’s theory of legal discontinuity.
11. After two days of violent mass protest, characterized by lootings and burning down of
key state institutions, in the Republic of Hughesland, the President of Hughesland His
Excellency Mutanga resigned as President on the 30th of October, 2014. This was after
he had declared a State of Emergency in Hughesland and invited the Army to come in to
stabilize the country.
The mass protest was as a result of the attempt of President Mutanga’s attempt to
amend Chapter 8 of the 1991 Constitution of Hughesland, to remove term limits on the
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presidency. This move, experts say, would enable him to run for a third consecutive term
in 2016.
In resigning President Mutanga issued a statement which inter alia said "I declare a
vacancy of power with a view to allowing a transition that should finish with free and
transparent elections in a maximum period of 90 days,"
According to the Constitution of Hughesland, the Speaker of the National Assembly is
expected to act in the event of a resignation of a President.
But after President Mutanga’s resignation, the Army Chief of Staff, General Sibusize,
announced on 31 October that he would steer the political transition over the next
twelve months. However, the next day, November 1st, he stepped aside in favor of Lt.
Col. Zuma, The Army then announced a dissolution of the National Assembly. Many
members of the Nationa Assembly according to BBC reports have fled into the
neighbouring countries in fear for their lives. Currently the Military are holding the
Speaker of the National Assembly in custody “for his own safekeeping.”
In a statement the Lt Col said
“In line with constitutional measures, and given the power vacuum… I will assume as
of today my responsibilities as head of state,” He added: “I undertake a solemn
engagement to proceed without delay with consultations with all parties in the country
so as to start the process of returning to the constitutional order as soon as possible.”
Contrary to expectation that the people will be happy about resignation of the President,
thousands gathered the next day in the centre of Hughesland ’s capital to denounce what
they called a military coup. Many claimed that the President had not resigned voluntarily
and had been pressured by the Military. The protesters claim the Military are holding the
His Excellency Mutanga in Custody. This has been disputed by the Military spokesperson
who said on a radio broadcast that the President had fled into neighbouring Puntland.
Yielding to pressure, the Military and a coalition of opposition parties agree on an interim
Civilian Head to State. The new Head of State who was to replace Lt. Col. Zuma was given
a mandate to rule for 12 months and conduct elections within the period.
However, there are still nagging questions as to what has happened in Hughesland, its
effect on the Legal system of Hughesland and moving forward whether the 1991
Constitution can still be the considered as the fundamental law of Hughesland.
As a respected Constitutional law expert, the civil society coalition of Hughesland has
invited you deliver a lecture on happenings in Hughesland. The 1992 Constitution of Ghana,
some experts say, is a carbon copy of the 1991 Constitution of Hughesland.
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How would your lecture be structured? Your lecture should have regard to the relevant
legal authorities and case law.
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