Banking and finance expert Dr. Richmond Atuahene has raised serious constitutional concerns over the Finance Minister’s proposal to establish an Auditor’s Court, arguing that such a body has no legal basis under Ghana’s current constitutional framework.
Dr. Atuahene says the proposal bears striking similarities to the controversial Fast Track High Court, which was eventually declared unconstitutional and illegal by the Supreme Court despite initially being introduced to expedite the administration of justice.
Speaking on the proposal with The High Street Journal, he noted that Ghana’s Constitution clearly outlines the country’s judicial structure and specifies the courts that can operate within the legal system.
As a result, he contends that creating an Auditor’s Court outside these constitutional provisions would be legally problematic. He explains that the various courts recognized in Ghana are expressly stated in the Constitution and therefore an Auditor’s Court has no place within the current constitutional arrangement.
Dr. Atuahene further explained that the provisions relating to the judiciary are entrenched clauses, meaning they cannot be altered through ordinary legislative processes. Any attempt to introduce a new court structure would require significant constitutional changes rather than a simple policy decision or administrative directive.
Drawing lessons from the Fast Track High Court saga, he cautioned government against pursuing reforms that may ultimately face legal challenges and be struck down by the courts.
While acknowledging the need for stronger accountability and improved oversight of public finances, Dr. Atuahene maintained that existing constitutional institutions and courts should be strengthened to enforce audit findings rather than creating a new judicial body whose legal standing could be questioned.
Dr. Atuahene’s comments add a new dimension to the debate surrounding the Finance Minister’s proposed Auditor’s Court, with attention now likely to shift toward whether the concept can withstand constitutional scrutiny before any steps are taken toward its establishment.
