A fiery debate erupted in Ghana’s Parliament as MP Bernard Ahiafor (NDC, Akatsi South) clashed with Majority Leader Alexander Afenyo-Markin over legal interpretation, declaring: “The law is about common sense, and common sense is the law.”
The exchange occurred during deliberations on the controversial Criminal Offenses Amendment Bill. Ahiafor, a lawyer, argued strict legalism sometimes conflicts with natural justice: “When laws defy societal logic, judges must apply reason.”
Afenyo-Markin (NPP, Effutu) countered: “Common sense varies – written laws prevent arbitrary rulings.” The Majority Leader cited Ghana’s 1992 Constitution’s supremacy clause requiring judicial restraint.
The debate reflects global jurisprudential tensions. Similar arguments shaped recent UK Supreme Court rulings and U.S. abortion law battles.
Ahiafor later clarified: “I mean applying the ‘reasonable man’ test, not disregarding statutes.” He referenced Justice Date-Bah’s famous “spirit over letter” 2016 ruling.
Both MPs leveraged the spotlight ahead of election season. Ahiafor serves on the Legal Committee, while Afenyo-Markin eyes Attorney-General prospects.
As Ghana’s judiciary faces increasing caseloads, this clash highlights fundamental questions: Should laws evolve with societal norms? Or does stability require rigid adherence to texts?
