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COMMISION ON HUMAN RIGHT AND ADMINISTRATIVE JUSTICE V. THE ATTORNEY GENERAL AND BABA KAMARA

(2011) JELR 67971 (SC)

Supreme Court  •  WRIT NO. J1/3/2010  •  6 Apr 2011  •  Ghana

Coram
AKUFFO JSC (PRESIDING), BROBBEY JSC, DATE-BAH JSC, ANSAH JSC, ADINYIRA [MRS] JSC, ANIN YEBOAH JSC, ARYEETEY JSC, GBADEGBE JSC, AKOTO-BAMFO [MRS.] JSC

Judgement

SOPHIA A. B. AKUFFO, JSC

On February 8th 2011, we overruled the preliminary objections raised by the 2nd Defendant herein and stated that the reasons therefor will be incorporated in our judgment on the substantive matter. In this opinion, therefore, I will deal with our reasons for overruling the objection as well express, very briefly, my views on the substantive matter in respect of which the unanimous decision of the court is fully reflected in the judgment by our highly esteemed brother, Dr. Date-Bah, JSC.

Brief Background

The background facts of this case are set out in greater detail in Justice Date-Bah’s judgement, and here, I will only make reference to such factual details as are, in my view, necessary for giving adequate perspective to the ruling on the preliminary objection.

By a writ filed on May 26th 2010, by the Commission for Human Rights and Administrative Justice (hereinafter referred to as ‘CHRAJ’ or ‘the Plaintiff’) against the Attorney General (hereinafter referred t…

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