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The 1992 Constitution of Ghana grants citizens the right and duty to employ any means to protect the Constitution. It also seeks to protect those who respond to the call to resist usurpers. However, in Ekwam v Pianim (No 2) the Supreme Court of Ghana ruled that a person who failed in his attempt to defend the Constitution against usurpers could not rely on the Constitution he unsuccessfully sought to defend for protection. The issue of the unsuccessful resister is an ‘unanswered question’ of the Constitution. This is a hard case and Dworkin’s adjudicative theory offers insights into resolving it.