Madam Speaker, I support the motion to thank His Excellency the President for an Address well presented
before this House subject to the comments that, with your permission, I intend to make.
Madam Speaker, I intend to make my comments by putting the contents of the State of the Nation Address within the context of the Constitution.
Madam Speaker, it would be recalled that on 7th January, 2009, His Excellency the President, took office and subscribed the oath pursuant to article 57, clause 3. As part of that oath, he said and I quote a part of it:
“. . . I will at all times preserve, protect and defend the Constitution of the Republic of Ghana; . . .”
Madam Speaker, pursuant to article 67, His Excellency the President made his first State of the Nation Address. Article 67 only provides for a message on the state of the nation.
Madam Speaker, but since the Consti- tution is an organic document, and a living document, I intend to look at other parts of the Constitution which guided the contents and to discuss those contents within that context.
Madam Speaker, article 34, clause (1), which is the first article in Chapter Six states that it shall be a guide to all citizens including His Excellency the President in whatever we do in our quest to establish a just and free society.
Article 34, clause (2), then gives the elements in which it talks about basic human rights, a healthy economy, the right to work, the right to education and all others. This certainly guided His Excellency the President.
Madam Speaker, in order to avoid the interference from any Hon Member of this honourable House, on the justiciability of Chapter Six, I first intend to state that Chapter Six is supposed to serve as a guide and set goals and secondly that contents of Chapter Six which are rights or human rights or those which are supported by other provisions in the Constitution which make them rights and enforceable are enforceable.
Madam Speaker, since this House has set the tradition since yesterday, that we should provide evidence, I would just want to refer to this position as supported by the Supreme Court. Madam Speaker, the panel was presided over by the Rt Hon. Speaker of Parliament, in the case of New Patriotic Party against the Attorney- General; the CIBA case. Madam Speaker, with your permission, I would read; it is in the 1996/97 Supreme Court of Ghana Law Reports, from pages 729 and your dictum which is important in this case, I read at page 732 and this is what you said:
“There are particular instances where some provisions of the Directive Principles form an integral part of some of the enforceable rights either because they qualify them or can be held to be rights in themselves. In those instance they are of themselves justiciable also . . .”
Madam Speaker, the “that” is well stated because if you look at article 33, clause (1), chapter five, the chapter on the Fundamental Human Rights, from articles 12 to 33 and 33 (1), provide that all rights, by provisions of the Constitution, not the Chapter, are enforceable. Even when we think that they are likely to be infringed, we can go to the High Court.
Madam Speaker, I am just putting all these things in context. Finally, let me refer as part of the foundation, to the preamble