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CENTRE FOR PUBLIC INTEREST LAW V. THE ATTORNEY-GENERAL

(2012) JELR 68555 (SC)

Supreme Court  •  CIVIL APPEAL NO. J1/5/2012  •  17 Oct 2012  •  Ghana

Coram
ATUGUBA AG .C.J (PRESIDING), AKUFFO (MS) J.S.C., DR. DATE-BAH JSC, ANSAH J.S.C., ADINYIRA (MRS) J.S.C., ANIN-YEBOAH J.S.C., BAFFOE-BONNIE J.S.C., GBADEGBE J.S.C., AKOTO-BAMFO (MRS.) J.S.C

Judgement

JUDGMENT

ATUGUBA, AG. C.J

The plaintiff by its writ claims as follows:

1. “A declaration that the President of the Republic of Ghana acted in breach of his constitutional obligations under article 40(a), 57(3), 58(1)-(4) and 73 of the Constitution 1992 of the Republic of Ghana when he caused to be submitted to the Parliament of the Republic of Ghana for approval the Agreement between the Republic of Ghana and the China Development Bank known as the Master Facility Agreement.

2. A declaration that the purported approval by the Parliament of the Republic of Ghana of the Agreement between the Republic of Ghana and the China Development Bank known as the Master Facility Agreement is of no effect, null and void to the extent that it was introduced in Parliament in breach of articles 57(3), 58(1)-(4) and 108 of the Constitution 1992 of the Republic of Ghana.

3. A declaration that having submitted to the Parliament of the Republic of Ghana for approval the Agreement between the Republic of Ghana …

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