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DANIEL AXIM v. THE ATTORNEY-GENERAL

(2022) JELR 109773 (SC)

Supreme Court  •  J1/06/2022  •  6 Apr 2022  •  Ghana

Coram
DOTSE JSC (PRESIDING) PWAMANG JSC AMEGATCHER JSC PROF. KOTEY JSC OWUSU (MS.) JSC LOVELACE-JOHNSON (MS.) JSC KULENDI JSC

Judgement

JUDGMENT

LOVELACE-JOHNSON (MS) JSC:-

The Plaintiff by the present writ seeks to invoke the original jurisdiction of this court under article 2(1) and 130 (1) of the 1992 Constitution for the following five declarations and a subsequent order based on the interpretation of the clauses of article 187 stated therein:

  1. A declaration that upon a true and proper interpretation of Article 187 (3) of the Fourth Republican Constitution of the Republic of Ghana (“Constitution”),the Auditor-General of the Republic of Ghana (“Auditor-General”) is the sole person to have access to all books records returns and other documents relating to public accounts for the purposes of auditing therefore any unauthorized auditing by any other person without reference to the Auditor-General is an infringement on the constitution and therefore null and void.
  2. A declaration that upon a true and proper interpretation of Article 187(7)(b)(i)(ii) and (iii) of the Constitution, there must have been a disallowance and a sur…

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