Justice Senyo Dzamefe has ben nominated to the Supreme Court
Supreme Court nominee Justice Senyo Dzamefe has stated that the country’s apex court, the Supreme Court, is not bound by its own decisions.
According to him, the court is established to create and enforce policies that are backed by law.
However, he added that when the court deems it necessary to adjust constitutional interpretation to evolving circumstances, it can depart from its previous decisions based on constitutional evolution.
“Mr Chairman, the Supreme Court as the Apex Court, is a policy court which we cannot deny. That is why they are not bound by their own decisions. As at when they think they are fit to do so, they can depart from their decisions based on the evolving nature of the law and situations.
“So, the Supreme Court, saying that something has to be done, are at liberty to depart from their previous decisions. That’s why they are not bound, Mr Chairman,” he said this when he appeared before the Appointments Committee of Parliament on Monday, June 16, 2025.
When asked by Ranking Member Alexander Kwamina Afenyo-Markin to provide instances where he would favor constitutional evolution versus textual fidelity as a Supreme Court justice, Dzamefe stated that such considerations could be made if an incorrect law was applied, resulting in injustice, or if factual distinctions could be drawn, among other factors.
“If the Supreme Court gives a decision, we are all bound by it, but then, you can depart when a decision is given per incuriam, or a wrong law has been applie,d or the decision becomes unjust in the circumstances. And if you can differentiate the facts, you can depart from it,” he added.
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