FRED EDUKUMA ELLIS AND ALBERT ERNEST ERCHIA (JNR.) V. THE ATTORNEY-GENERAL

RULING

MRS. JOYCE BAMFORD-ADDO, J.S.C.

I have been privileged to read in advance the ruling of my Brother Adjabeng, J.S.C. and I agree with him. In this case the Plaintiffs invoked the Original Jurisdiction of this court under Article 2 of the 1992 Constitution, for a declaration:

1. That the Hemang Lands (Acquisition and Compensation) Law 1992 (PNDCL 294) is inconsistent with and in contravention of the Constitution of the Republic of Ghana 1992 especially, Articles 20 and 170 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 because the Constitution acts prospectively and not retrospectively to affect the acquisition which had taken place months before the coming into force of the Const…