KNUST Law Researchers Question Legality of Commission of Inquiry Powers

Researchers at the KNUST Faculty of Law have argued that certain powers granted to Commissions of Inquiry in Ghana do not align with the 1992 Constitution.

Their study, published in the KNUST Law Journal, focuses on C.I. 65, which allows commissions to conduct searches and seize documents without a warrant.

The authors maintain that although the Constitution gives commissions authority similar to the High Court to summon witnesses and request documents, it does not include police powers.

They argue that the Rules of Court Committee went beyond its mandate by introducing provisions that effectively expand constitutional powers without proper amendment procedures.

The study warns that such practices risk undermining constitutional supremacy and could open the door to abuse in sensitive investigations.

It recommends that commissions should seek judicial approval before carrying out searches or seizures, ensuring proper legal oversight.

The researchers conclude that the contested provisions should either be struck down or corrected through formal constitutional amendment processes.