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AOAma OwusuUG Legon · Max
LibraryLevel 200 · Constitutional Law II and more
500 creditsMaxSupreme Justice (Max)
Law of Evidence · Topic 1 · Chapter 1 of 3

The Evidence Act, 1975 (NRCD 323)

3 chapters · 14 min read · Updated for the 2026/27 academic year
The Supreme Court of Ghana, Accra. It has exclusive original jurisdiction under Article 130.

The supremacy clause

The 1992 Constitution places itself above every other source of law in Ghana. Article 1(2) is the foundation: any law found to be inconsistent with any provision of the Constitution is void to the extent of the inconsistency. Judicial review is the mechanism by which the courts give that clause practical force.

Leading case
Tuffuor v Attorney-General [1980] GLR 637
The court described the Constitution as the embodiment of the people’s sovereign will, and held that the judiciary must uphold it even against the other arms of government.
Chapter 1 check
Get both right to unlock the next chapter
0 / 2
1. Which provision declares the 1992 Constitution the supreme law of Ghana?
2. Tuffuor v Attorney-General is best known for which idea?
Answer both questions correctly to unlock Chapter 2.
Who guards the Constitution?
AI podcast · Akua & Kwame
“Because it means Parliament can’t just legislate around the Constitution.”
6:15
18:24
60-second summaryRegenerate
  • Art. 1(2) makes the Constitution supreme; inconsistent laws are void to that extent.
  • Art. 2(1) lets any person seek a declaration of inconsistency in the Supreme Court.
  • Art. 130(1) gives the Supreme Court exclusive original jurisdiction to interpret and enforce.
  • Art. 33(1) is where pure human-rights claims go: the High Court.
Key cases
Tuffuor v A-G — supremacy & sovereign will
NPP v A-G — 31st December case
Edusei v A-G — Art. 2 vs Art. 33Brief
Exam tip
Problem questions often hide a human-rights claim inside an Art. 2 writ. Spot it, then argue jurisdiction first.
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