ACQUAH JSC.
Delivered the ruling of the court. This is a reference from the Circuit Court, Accra, for the determination of the following issues:
“(i) whether or not the deconfiscation order directed by the President of the Fourth Republic through the Confiscated Assets Committee in respect of the said house is in contravention of the letter and spirit of the Constitution, 1992, particularly section 35(1) and (2) of the transitional provisions of the said Constitution; and
(ii) whether or not section 3 of the Confiscated Assets (Removal of Doubt) Law, 1993 (PNDCL 325), is in contravention of section 35(2) of the transitional provisions of the Constitution, 1992.”
The background to the reference was that one Group Captain P K Agyekum (Rtd) acquired by way of a lease from the State Housing Corporation in 1960, estate house No 1153 Awudome Estate, Accra. The estate house was later confiscated by the erstwhile Armed Forces Revolutionary Council (AFRC) and allocated in January 1990 to the Offi…