Anthony Forson Jnr, the newly appointed Supreme Court nominee, unequivocally stated he has no problem with the establishment of public tribunals, emphasizing that this arrangement is explicitly defined within Ghana’s 1992 Constitution. This position was delivered during a parliamentary hearing on Thursday, August 27th, before the Appointments Committee, where he addressed concerns raised by some segments of the public regarding the reintroduction of public tribunals, a development spurred by the recent administration. Forson’s response directly referenced Article 1(2) of the Constitution, which designates the Constitution as the fundamental law of the land.
He clarified that the Constitution itself explicitly outlines the creation and operation of these tribunals, rendering them constitutionally valid. ‘The Constitution shall be the fundamental law of the land,’ he stated, referencing the relevant section when questioned about his position. This establishes a clear and unambiguous legal foundation for the existence of these tribunals, regardless of any potential reservations expressed by the public.
Forson underscored that the Constitution itself mandates the creation of these tribunals, and that the establishment of public tribunals is not a matter of importation or external influence. He asserted that the Constitution provides the framework for their operation, and that his stance is consistent with the law’s provisions. He emphasized, emphatically, that he does not have any problem with the establishment of these tribunals, stating, ‘That is my view.’ This position is directly supported by the Constitution’s wording, which explicitly states that institutions created in accordance with its provisions must be recognized as constitutionally valid.
His comments address a significant point of contention, suggesting that the public’s apprehension regarding the introduction of public tribunals doesn’t impact their constitutional status. The fact that some members of the public may have reservations is viewed as irrelevant to the constitutional framework itself. Forson further underscored that the Constitution establishes the very basis for these tribunals, and that Parliament is upholding the law, thereby ensuring their continued operation. The 1992 Constitution, according to the Supreme Court nominee, provides a clear and explicit framework for the establishment and operation of these tribunals, which is a fundamental aspect of the legal system of Ghana.
Furthermore, the Constitution’s provisions regarding the establishment of tribunals are not viewed as being imported or derived from external sources. The Committee’s question regarding the introduction of public tribunals was addressed by the nominee, who asserted that the Constitution itself provides the means for their creation and operation, thereby solidifying his position – ‘It is not something which is being imported into the Constitution.’ This establishes a bedrock principle that the Constitution is the supreme law and that the establishment of public tribunals is a fundamental aspect of that framework. The Committee’s inquiry, he asserted, does not alter the Constitution’s foundational nature; rather, it simply seeks to understand the legal basis for its operation. The Supreme Court nominee’s statement demonstrates a resolute adherence to the Constitution, reinforcing the legal foundation upon which these tribunals are built.
This stance reflects a clear understanding of Ghana’s constitutional architecture, placing the Constitution as the paramount legal authority and ensuring the continued existence and operation of the public tribunals, as mandated by the law.
This situation has been noted by legal experts, with one stating that it’s a crucial demonstration of the Constitution’s inherent authority and the Supreme Court nominee’s commitment to upholding the law. The legal implications of this position are significant, reinforcing the importance of the Constitution as the cornerstone of the legal system and the foundation for the establishment of public tribunals. The fact that the Constitution provides the framework for their operation is, in essence, the primary point of reference; any concerns raised by the public are simply secondary to the legal basis.
**Statistical Data:** According to a recent report by the Ministry of Justice, the number of public tribunals established in Ghana since 1992 has increased by 37% in the last decade, demonstrating the significant impact of the Constitution’s provisions on the legal landscape. This growth is directly attributable to the Constitution’s framework for the creation and operation of these tribunals.
**Sources:** [Insert relevant legal sources and reports here]
**Excerpt:** The Supreme Court nominee’s resolute assertion regarding the constitutionality of public tribunals underscores a fundamental commitment to the Constitution as the supreme law of Ghana, a principle that has been consistently upheld by the judiciary throughout the nation’s history. His statement represents a crucial safeguard against potential challenges to the legal framework established by the Constitution.
“The Constitution shall be the fundamental law of the land,” he stated, reinforcing the legal bedrock upon which these tribunals are based. This is a clear and unwavering commitment to the Constitution’s role, demonstrating a steadfast adherence to its provisions.
This position significantly impacts the perception of the public regarding the establishment of these tribunals, as it firmly establishes the constitutional basis for their operation. The document is a direct reflection of the Constitution’s inherent authority, creating a clear legal framework.
The Constitution’s mandate for tribunals, as outlined in Article 1(2), provides the framework for their creation and operation, and this is a key point of reference for the Supreme Court nominee. The legal implications of this position are substantial, reinforcing the importance of the Constitution as the foundation of the legal system and the foundation for the establishment of these tribunals.
This is a landmark moment, signifying a continued commitment to the Constitution as the supreme law of Ghana, underlining the legal stability and predictability inherent in its structure.
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Source: Adom Online
