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COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE V. ATTORNEY-GENERAL

(1999) JELR 68228 (SC)

Supreme Court  •  23 Jun 1999  •  Ghana

Coram
CHARLES HAYFRON-BENJAMIN JSC,AMPIAH JSC,ADJABENG JSC,ATUGUBA JSC,AKUFFO JSC

Judgement

HAYFRON-BENJAMIN, J.

On 31 July 1998 this court dismissed the writ of the commission invoking the assistance of this court to resolve an apparent conflict in the relative positions of the parties vis-à-vis their respective functions under the Constitution, 1992. For whereas the plaintiff (Commissioner for Human Rights and Administrative Justice) is “In the performance of (their) functions, not subject to the direction or control of any person or authority”, the defendant (the Attorney-General) on the other hand is a member of the executive branch of government and the chief legal adviser to the government.

The principles of the separation of powers to which to a great extent our Constitution, 1992 gives support enjoin this court as arbiters of conflicts within the Constitution, 1992 in the interpretation or enforcement thereof, not to adopt attitudes and positions which may appear to incline us into proffering advice on matters which do not come within the ambit of our adversarial adju…

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