A Law Lecturer at the Faculty of Law at the University of Cape Coast, Mr Vanboven Swanzy-Essien is calling on parliament to as a matter of urgency enacts a law that will clearly define the identity of who a Ghanaian is based on the Supreme Court ruling, rejecting birth certificates as proof of citizenship.
The Supreme Court ruling on 25th June 2020 held that birth certificate is not a form of identification and does not establish the identity of the bearer as a Ghanaian citizen.
This ruling was in light of a case filed by a private citizen, Mark Takyi Banson for the inclusion of birth certificate as proof of identity, for eligible voters in the ongoing voter registration exercise.
Since the ruling, many within the public space and political parties have expressed disagreement with the Supreme Court’s decision. For those who disagree with the ruling, they believe the birth certificate has been the foundational source of identity as proof for one to obtain various documents in the country.
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Speaking on ATL FM’s ATLANTIC WAVE on Friday Mr Vonboven Swanzy-Essien said though he will not hasten to conclude that the Supreme Court missed an opportunity to set records straight on the ruling, he believes Parliament could make laws to guide the ruling.
“If parliament believes that the decision by the Supreme Court could affect some institutions on the use of a birth certificate, then parliament could specifically enact a law that recognizes the birth certificate as evidence of Ghanaian citizenship. Once it is a law which has been passed by parliament then their Lordships will only have to work with what the law says,” he said.
Mr Swanzey-Essien said though the Supreme Court speaks with authority and finality as the apex court of the land, it has a reviewed jurisdiction, saying “The fact that no reason was given for the rejection, the Supreme Court could go-ahead to have a second look at that by way of a review judgement if the proper legal processes are duly triggered”
Mr Swanzy-Essien also indicated that the Supreme Court’s ruling could be a confirmation of the problem of fraudulent acquisition of important documents in the county.
According to Mr Vanboven, so long as the Supreme Court stopped short of giving reasons for its rejection of the birth certificate “then it is some form of a tacit admission that some of our institutions have failed to ensure that there is proper check before some of these documents are issued. That could create problems for us going forward”.
Aba Aikins Appah/ATLFMNEWS
