ELLIS AND ANOTHER V. ATTORNEY-GENERAL

BAMFORD-ADDO JSC.

I have been privileged to read in advance the ruling of my brother Adjabeng JSC and I agree with him. In this case the plaintiffs invoked the original jurisdiction of this court under article 2 of the Constitution, 1992 for a declaration that:

“(1) the Hemang Lands (Acquisition and Compensation) Law, 1992 (PNDCL 294) is inconsistent with and in contravention of the. Constitution, 1992 of the Republic of Ghana, specifically articles 20 and 107 thereof and is consequently null and void.

(2) An order setting aside or striking down as null and void the said PNDCL 294.”

The defendant raised certain preliminary objections to the claim of the plaintiffs on a number of grounds; important amongst them are the following:

“(a) That the PNDCL 294 is not inconsistent with articles 20 and 107 of the Constitution, 1992 because the Constitution acts prospectively and not retrospectively to affect the acquisition which had taken place months before the coming into force of the Constituti…