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ATTORNEY-GENERAL V. TAGOE

(1985) JELR 68005 (SC)

Supreme Court  •  29 Jul 1985  •  Ghana

Coram
APALOO C.J.,SOWAH JSC,ADADE JSC,TAYLOR JSC,FRANCOIS J.S.C.

Judgement

ADADE J.S.C.: By article 217 of the Constitution, 1979, “The transitional provisions specified in the First Schedule to [the] Constitution shall have effect notwithstanding anything to the contrary contained in [the] Constitution” Which implies that the said transitional provisions are superior to the body of the Constitution and take precedence over the Constitution. For the purposes of this opinion the relevant provision of the said transitional provisions are in section 17 (2)-(5) and (7) which reads:

“(2) The Special Tribunal shall also have exclusive jurisdiction to try all criminal offences disclosed by or arising out of the reports submitted by the committees of inquiry referred to in the said Armed Forces Revolutionary Council (Special Tribunal and Other Matters) Decree, 1979 (A.F.R.C.D. 23). (3) The Special Tribunal shall also have exclusive jurisdiction to review the adverse findings of the said committees of inquiry on the application of any person aggrieved by any such fin…

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