Supremacy of the Constitution: The Constitutionality of International Business Transactions Involving the Government of Ghana

Abstract

Ghana has over the years developed into a world player with its Government engaging in all kinds of international business and economic transactions with foreign partners. All the same, Ghana being a sovereign nation does not act in a vacuum. All its actions must be done in line and in accordance with the laws of the country specifically the Constitution.

It is without doubt that Ghana’s Constitution reigns Supreme and is not superseded by any other law, act, etc be it domestic or international. Over the years, these international transactions entered into by the Government of Ghana and other international partners have ended up before the Courts of Ghana where the Courts in upholding the Supremacy of the Constitution have held that all these transactions being contracts involving the Government of Ghana are in a certain class which thus demands compliance with certain laid down requirements in the Constitution failure of which grave consequences have been suffered by these international partners.

It is thus necessary to consider the decisions in the light of Ghana’s Constitutional Supremacy, to sift out the road-maps as set out by the Courts of Ghana in order that Legal Advisers to foreign entities that contract with the Government of Ghana are aware of these important case laws in order to guide them appropriately on the Ghanaian law on this issue.