Afenyo‑Markin Calls for Legal Literacy Among Emerging Leaders at Legal Edge Summit

Hon. Abdul Aziz Fatahiya, representing Minority Leader Osahen Alexander Kwamena Afenyo‑Markin, has urged Ghanaian students to embrace legal literacy as a core tool for leadership, professional growth and responsible citizenship. He delivered the message at the Legal Edge Summit organised by the Department of Geography Education and the Geography Students Association of the University of Education, Winneba.

Speaking on the theme “Demystifying the Law: Equipping Ghana’s Next Generation of Leaders with the Legal Edge,” Hon. Fatahiya conveyed the Minority Leader’s regret for his absence due to national duties, but reaffirmed his commitment to empowering young people with practical legal knowledge.

He described the conference as a “student‑centred legal literacy initiative” designed not to turn students into lawyers, but to equip them with the legal awareness needed to protect their wages, businesses and citizenship.

Understanding the Foundations of Ghanaian Law

Hon. Fatahiya walked participants through Article 11 of the 1992 Constitution, outlining the five sources of Ghanaian law — the Constitution, Acts of Parliament, constitutional instruments, existing law, and the common law. He cited landmark cases including Tuffuor v Attorney‑General and the 31st December Case, emphasising the Supreme Court’s role in defending constitutionalism.

He also referenced a 2015 case involving a Winneba fisherman, Benjamin Eyi Mensah, whose challenge to an Electoral Commission instrument succeeded because the regulation had not matured under the mandatory 21‑sitting‑day rule. The example, he said, demonstrated how legal literacy empowers ordinary citizens to recognise injustice.

Labour Rights and Employment Realities

Addressing labour rights, he reminded students — many of whom will become teachers — that Article 24 guarantees safe working conditions, equal pay, rest, and unionisation. He highlighted protections under the Labour Act, 2003 (Act 651), including the prohibition of discriminatory dismissal.

He cited cases such as Charles Afran v SG‑SSB, NLC v Barclays Bank, and Baiden v Graphic Corporation to distinguish unfair termination from wrongful termination, stressing that managerial authority must always operate within the bounds of fairness and the law.

Corporate Law and Land Governance

Hon. Fatahiya linked geography to corporate law, noting that mineral rights under Article 257(6) belong to the Republic but are exercised through corporate entities under the Minerals and Mining Act, 2006 (Act 703). He explained compensation rules for affected communities and the constitutional requirement for parliamentary ratification of mineral agreements.

He referenced Salomon v Salomon and Ghana’s own Morkor v Kuma to illustrate the doctrine of separate legal personality and the circumstances under which courts may lift the corporate veil.

Professional Responsibility and Natural Justice

Turning to professional ethics, he reminded students that teaching is a licensed profession under the Education Regulatory Bodies Act, 2020 (Act 1023). He cited Awuni v WAEC, where the Supreme Court struck down sanctions imposed without hearing the affected students, reinforcing the principle that no person should be condemned unheard.

A Call to Integrity

Hon. Fatahiya concluded by urging students to understand the legal frameworks governing labour, land, and professional conduct, and to carry integrity and fairness into their future roles.

He commended the Geography Students Association for organising the summit and encouraged participants to use the “legal edge” they had gained to serve Ghana responsibly.

FULL SPEECH

REMARKS BY HON ABDUL AZIZ FATAHIYA DELIVERED ON BEHALF OF OSAHEN ALEXANDER KWAMENA AFENYO‑MARKIN AT LEGAL EDGE SUMMIT

The Chairperson for this occasion, The Dean, Faculty of Social Sciences Education, The Head of Department of Geography Education, Executives and members of the Geography Students Association, Distinguished members of Faculty, Invited guests, Members of the press, Fellow students, Ladies and Gentlemen,

Good morning. It is my distinct honour to stand before this distinguished gathering at the Legal Edge Conference on the theme “Demystifying the Law: Equipping Ghana’s Next Generation of Leaders with the Legal Edge.”

I bring you warm greetings from the Mighty Minority Caucus of Parliament and on behalf of Osahen Alexander Kwamena Afenyo‑Markin, Minority Leader and Member of Parliament for this constituency, who regrets being unable to join you due to pressing national duties and asked me to deliver this address on his behalf.

Your letter of invitation described this conference as a student‑centred legal literacy initiative, built to place practical legal knowledge in the hands of young people for their leadership, career growth and responsible citizenship. It does not ask you to become lawyers. It asks you to begin owning, right now, the law that will one day protect your wages, your business and your citizenship. I commend the entire Department of Geography Education and the Executives of Geography Students Association for organising this conference.

Setting the Pace: The Sources of Ghanaian Law

Ladies and gentlemen, my dear students, where does Ghanaian law actually come from, and what gives it the right to bind you? Article 11 of the 1992 Constitution answers that question. Article 11(1) names five sources, and everything else I say today rests on them.

First, article 11(1)(a): The Constitution itself. Article 1(2) makes it the supreme law of Ghana; any inconsistent law is void to that extent. Article 2(1) permits any citizen to ask the Supreme Court to declare an enactment, act or omission unconstitutional. Tuffuor v Attorney‑General held that the Constitution must be read broadly and purposefully, as a living organism, defensible by any citizen whether or not their personal interest is at stake. Also, in New Patriotic Party v Attorney‑General (31st December Case), the court held that public money could not be spent glorifying the overthrow of constitutional government.

Second, article 11(1)(b): enactments of Parliament. Article 93(2) vests legislative power in Parliament which gave us the Commission on Human Rights and Administrative Justice Act, 1993; the Courts Act, 1993; and the Electoral Commission Act, 1993.

Third, article 11(1)(c): Orders, Rules and Regulations made under the Constitution. Article 11(7) requires such instruments to mature after twenty‑one sitting days before Parliament. Osahen argued this before the Supreme Court in 2015 when Benjamin Eyi Mensah, a fisherman from Eyipey, challenged the Electoral Commission’s rushed district assembly nomination process. The Court agreed the instrument was immature and ordered the process restarted. Legal literacy empowered an ordinary citizen to recognise injustice.

Fourth, article 11(1)(d): existing law. Article 11(4) preserved laws in force before 1993, including the Criminal Offences Act, 1960; the Sale of Goods Act, 1962; and the Intestate Succession Law, 1985.

Fifth, article 11(1)(e): the common law. This includes the common law, doctrines of equity, and customary law — the law of our chiefs, stools, skins and lineage systems.

Hold that structure in mind. We are about to test it against three problems every emerging leader in this hall will face.

Navigating Labour Rights

Ladies and gentlemen, my dear students, every one of you will stand on one side or the other of an employment relationship. Article 24 guarantees safe working conditions, equal pay for equal work, rest and leisure, and the right to join a trade union.

The Labour Act, 2003 (Act 651) operationalises these rights. Section 63 bars dismissal based on gender, ethnicity, religion, political opinion, pregnancy or disability. Ghana’s membership in the International Labour Organisation reinforces these protections.

Not every dismissal that feels unfair is legally unfair. Charles Afran v SG‑SSB distinguished statutory unfair termination from common law wrongful termination. NLC v Barclays Bank affirmed the employer’s right to terminate with notice or pay in lieu. Baiden v Graphic Corporation held that redundancy must arise from genuine structural changes, not as a cover for removing an inconvenient employee.

Your takeaway: Section 63 protects you; Article 24 stands behind you. And for future managers: fairness at work is not just good manners — it is good law.

Corporate Law, and Why It Belongs to Every Geographer

You cannot study land in Ghana and remain a stranger to company law. Under article 257(6), all minerals belong to the Republic, held in trust by the President. Yet companies — not the President — do the mining. Under the Minerals and Mining Act, 2006 (Act 703), mineral rights can only be granted to corporate bodies.

The Act protects communities whose land sits above mineral deposits. Sections 72–75 require fair compensation for disturbance and loss of use. Ground rent is payable annually, royalties of five percent go to the State, and article 268 requires parliamentary ratification of mineral agreements.

Even the Muni‑Pomadze wetland — part of our Aboakyer hunting grounds — is protected under the Ramsar Convention and Ghana’s Wetlands Management Regulations.

Salomon v Salomon established the principle of separate legal personality. Ghana’s Supreme Court refined it in Morkor v Kuma, holding that directors remain separate from the company unless fraud or evasion of obligation is involved.

Your takeaway: A company is not a shield for wrongdoing. It is a serious legal instrument, answerable to the land and people your discipline serves.

Professional and Leadership Responsibility

Labour law and corporate law are the hardware. Professional responsibility is the software.

The Education Regulatory Bodies Act, 2020 (Act 1023) established the National Teaching Council. Section 67(1) states that no person shall practise as a teacher unless registered. Teaching is a licensed profession.

In Awuni v WAEC, the Supreme Court struck down sanctions imposed without hearing the affected students, reaffirming natural justice: no person should be condemned unheard.

Before you discipline a pupil, hear them. Before you report a colleague, verify your facts. Before you judge a person on a rumour, ask for their side.

Closing

Perhaps you came expecting a lecture about maps and land use. Instead, I have asked you to see your discipline through a different lens: the law that governs the land you study, the labour you will one day give or receive, and the profession many of you are about to be licensed into.

Know your rights under Article 24 and the Labour Act. Understand the power — and limits — of the corporate form. And above all, carry integrity, fairness, and the courage to defend what is right.

I congratulate the Geography Students Association for the vision behind this conference, and I congratulate each of you for showing up today in search of not just knowledge, but an edge. Go out, and use it well.

Thank you, and God bless you all.