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FRANK BO AMISSAH V. THE ATTORNEY GENERAL

(2003) JELR 68325 (SC)

Supreme Court  •  WRIT NO. 7/2000  •  12 Mar 2003  •  Ghana

Coram
MRS BAMFORD-ADDO J.S.C. (PRESIDING),MRS. WOOD J.S.C,BROBBEY J.S.C.,BADDOO J.S.C,DR. TWUM J.S.C.

Judgement

RULING

BROBBEY J.S.C.:

Describing his capacity as a citizen of Ghana simpliciter and a person with the duty to defend the Constitution, the plaintiff issued a writ invoking the original jurisdiction of this court. He cited as the defendant the Attorney General in his capacity as the principal legal officer of the Government and the person who conducts criminal prosecutions or on whose behalf criminal prosecutions are conducted. In his writ, the plaintiff claimed the following reliefs;

“i) A declaration that section 179A(3) of the Criminal Code, 1960 (Act 29) as amended by Act 458 is inconsistent with and in contravention of Article 19(11) of the Constitution of Ghana, 1992.

ii) A declaration that any criminal prosecution, trial and or conviction held or done under or on the authority of the said section 179 A (3) of Act 29 is in contravention of the Constitution and void and of no effect.

iii) A declaration that the prosecution or trial of some former public officers of Ghana under the sai…

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