GHANA BAR ASSOCIATION AND OTHERS V. THE ATTORNEY GENERAL AND JUDICIAL COUNCIL

JUDGEMENT

ATUGUBA, JSC

These three suits were separately initiated but by reason of certain basic commonalties between them were subsequently consolidated by this court. We now proceed to dispose of them seriatim.

Writ No. J1/26/2015

The plaintiffs by their writ dated the 30^th day of June 2015 claim against the defendants as follows:

“1. A declaration that upon a true and proper construction of Article 144 clauses (2) and (3) of the Constitution 1992 all appointments made by the president of the Republic of Ghana to the Superior Courts are valid only to the extent that such appointments are made in strict accordance with the advice of the 2^nd Defendant herein, the Judicial Council.

2. A declaration that upon a true and proper interpretation of Article 144 (2) and (3) of the Constitution 1992, a constitutional trust is created in the 2^nd Defendant herein, the Judicial Council, to make nominations of persons best qualified to serve as Justices of the Superior Courts of Judicature, and the 2^nd…