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Supreme Court ruling kicks the legitimacy of Birth Cert to the Curb: What’s a Lawyer’s View?

thevaultzby thevaultz
July 18, 2020
Reading Time: 3 mins read
Ghana's Supreme court

Ghana's Supreme court

A Professor of Law and Economics Kwame Nti Asare has dabbled into the Supreme Court ruling last week which rejected the birth certificate as proof of citizenship.

The Bone of contention according to Mr Asare is that The ruling raises concerns over the legitimacy of the Ghanaian passports. and also displaces the value of the birth certificate of Ghanaians.

Speaking on the maiden edition of the ‘Analyses’ on Starr FM Saturday, the economics expert said the ruling failed to consider the wider implications of the judgment.

“I disagree totally with the Supreme Court on that. Through their ruling and actions, they have proven to Ghanaians that birth cert is nothing. If you don’t trust the integrity of the birth cert why use it for passports. If the birth cert is not legitimate, then passports are also not legitimate. The ruling raises integrity issues for the passports and also the outcome of the 2016 polls.”

Professor of Law and Economics Kwame Nti Asare

He maintained ” I think that the birth certificate is a legitimate document that is indicative of one’s nationality”.

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Dr Ishmael Norman, said the Supreme Court ruling which rejected the birth certificate as proof of citizenship was for political expediency.

According to him, the decision will be reversed in future by the Supreme Court itself. Speaking on the Analyses on Starr FM, the Disaster Risk Management expert said the ruling is untenable.

“That is a decision that will be withdrawn by the Supreme Court itself in future because it actually raises questions over the ages of the judges themselves. That decision was for political expediency. This one is a good example of judicial activism which is totally uncalled for.”

Dr Ishmael Norman, Legal Practitioner and President of the Institute for Security, Disaster and Emergency Studies

Meanwhile, the Minority in Parliament has described as absurd reason given by the Supreme Court for its judgment against the use of birth certificate as a proof of citizenship.

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According to the NDC MPs, the judgment itself contains a grave error in which the main complainant, the National Democratic Congress, (NDC) is referred to as NDP.

The full judgment written by Justice Prof. Ashie Kortey held that the birth certificate does not offer an identity to a bearer as a proof of citizenship.

  • It adds that it provides no evidence of citizenship.
  • The court compared it to another document it has already rejected; the National Health Insurance Cards and concludes it’s actually better than the Birth Certificate.

But speaking to Starr News MP for South Dayi and a member of the committee on Constitutional, Legal and Parliamentary Affairs Rockson Dafeamekpor said the seven justices were wrong.

According to him the judgment has rendered status of passports issued with birth certificates as proof of citizenship questionable.

“These are serious matters, this is how absurd if we subject the judgment of the court to interpretation it will lead us to. So the issue will have to be revisited.”

Tags: birth certificateDr Ishmael NormanElectoral CommissionJustice Prof. Ashie KorteyProfessor Kwame Nti Asaresupreme court
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