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GHANA BAR ASSOCIATION V. ATTORNEY-GENERAL AND ANOTHER

(1995) JELR 67088 (SC)

Supreme Court  •  5 Dec 1995  •  Ghana

Coram
EDWARD WIREDU JSC, BAMFORD-ADDO JSC, CHARLES HAYFRON-BENJAMIN JSC, KPEGAH JSC, ADJABENG JSC

Appearances
MARTIN A B K AMIDU DEPUTY ATTORNEY-GENERAL (WITH HIM MRS ADUSA AMANKWAH CHIEF STATE ATTORNEY) FOR THE DEFENDANT-APPLICANTS; J B QUASHIE-IDUN (WITH HIM J K AGYEMAN OBENG MANU AND AYIKOI OTOO) FOR THE PLAINTIFF-RESPONDENT.

Judgement

EDWARD WIREDU JSC.

On 16 October 1995 the plaintiff, the Ghana Bar Association, issued out of this court a writ in which she seeks to invoke the original jurisdiction of this court. The reliefs indorsed on the writ are as follows:

(1). “A declaration that on a true and proper interpretation of articles 2(1)(a) and (b), 91(1) and (2), 144(1) and 128(4) of the Constitution, 1992 the President of the Republic should not have nominated and appointed the second defendant, Mr Justice Isaac Kobina Abban, to the office of Chief Justice since he is not a person of high moral character and proven integrity.
(2). A declaration that the appointment on or about 22 February 1995 by the President of the second defendant, Mr Justice Isaac Kobina Abban, as Chief Justice as well as the advice by the Council of State and the approval by Parliament of his nomination to such office were each made in contravention of articles 91(1) and (2) and 128(4) of the Constitution, 1992 and are therefore null and void.…

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