BAAFOUR KWAME FANTE ADUAMOA II AND 6 OTHERS V. NANA GYAKORANG ADU TWUM II AND ANOTHER

JUDGMENT

ACQUAH, JSC

My Lords, the original jurisdiction vested in the Supreme Court by articles 2(1) and 130(1) of the 1992 Constitution to interpret and enforce the provisions of the Constitution, is a special jurisdiction meant to be invoked in suits raising genuine or real issues of

— the interpretation of a provision of the Constitution or

— the enforcement of a provision of the Constitution, or

— a question whether an enactment was made ultra vires Parliament, or any other authority or person by law or under the constitution.

See: Gbedemah v. Awoonor-Williams, (1969) 2 G&G 438 Tait, v. Ghana Airways Corporation (1970)2 G and G 527, Yiadom v. Amaniampong (1981) GLR 3 SC, Edusei v. Attorney-General (1996-97) SCGLR 1, Edusei v. Attorney General (No.2) CM 21/96, 22nd April 1998 SC (unreported), Republic v. Special Tribunal ex parte Akosah (1980) GLR 592 CA.

This special jurisdiction is not meant to usurp, or to be resorted to in place of, any of the jurisdictions of a lower court. In other…