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SALLAH V. ATTORNEY-GENERAL

(1970) JELR 111505 (SC)

Supreme Court  •  17 Apr 1970  •  Ghana

Coram
AMISSAH, SIRIBOE, JIAGGE, ANIN AND ACHAER JJ.A.

Appearances
N.Y.B. ADADE, ATTORNEY-GENERAL (WITH HIM DR. S.K. ASANTE, SOLICITOR-GENERAL AND E.E. MENSAH, STATE ATTORNEY) FOR THE APPELLANT; JOE REINDORF (WITH HIM J. B. QUASHIE-IDUN, E.K. AKYEA-DJAMSON AND JAMES QUASHIE-IDUN) FOR THE RESPONDENT.

Judgement

RULING

On 21 February 1970 certain office-holders received notification from the Presidential Commission, acting in pursuance of the Constitution, 1969, Sched. I, s.9 (1), that their services were no longer required.  The respondent, formerly a manager of the G.N.T.C., was one such office-holder affected by the said section 9(1).  He brought an action before the Supreme Court for a declaration that on a proper interpretation of section 9(1) his office fell outside the purview of the offices contemplated by the section and therefore the Government was wrong in terminating his employment.  The Attorney-General, as the legal representative of the Government, was made the defendant to the action.  It was heard by a bench composed of Apaloo, Siriboe, Sowah, Anin and Archer JJ.A. on 16, 17 and 18 March.  The court then adjourned to advise itself of its judgment [see 1970 C.C.48, SC.].  On 24 March the Attorney-General filed the instant motion of notice asking that Apaloo and Sowah JJ.A. be d…

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