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EZUAME MANNAN V. THE ATTORNEY-GENERAL AND SPEAKER OF PARLIAMENT

(2022) JELR 109828 (SC)

Supreme Court  •  J1/11/2021  •  27 Jul 2022  •  Ghana

Coram
DOTSE JSC (PRESIDING), DORDZIE (MRS.) JSC, AMEGATCHER JSC,PROF. KOTEY JSC, AMADU JSC, PROF. MENSA-BONSU (MRS.) JSC, KULENDI JSC

Judgement

MAJORITY OPINION

KULENDI JSC:-

“My own contribution to the evaluation of a Constitution is that, a Constitution is the outpouring of the soul of the nation and its precious life-blood is its spirit. Accordingly, in interpreting the Constitution we fail in our duty if we ignore its spirit. Both the letter and the spirit of the Constitution are essential fulcra which provide the leverage in the task of interpretation. In suppott of this, we may profitably turn to the Constitution, 1992 itself which directs that we accord due recognition to the spirit that pervades its provisions."

- Franois JSC, New Patriotic Party v. Attorney-General [1993-94] 2 GLR 35 at page 79.

INTRODUCTION

This writ invokes the exclusive original jurisdiction of this Court pursuant to Articles 2(1) and 130(1)(a) of the Constitution. The Plaintiff brings this action seeking the following reliefs;

1. A declaration that Section 43 of the Narcotics Control Commission Act Act 1019, is null and void on account of having been …

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