Judges are not obliged to refer every constitutional claim to Supreme Court – Srem-Sai

Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, has defended the High Court's decision not to refer constitutional questions raised in the trial of New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, to the Supreme Court.

According to him, Ghanaian law does not require a trial judge to refer every issue labelled as constitutional by a party, stressing that judges must first determine whether a genuine issue of constitutional interpretation exists.

But when you raise an issue before a court that you believe ought to be referred to the Supreme Court, the authorities are clear that the fact that one party claims there is a constitutional issue does not mean that the judge should refer it," he said.