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GHANA CENTER FOR DEMOCRATIC DEVELOPMENT & 6 ORS V. ATTORNEY-GENERAL

(2023) JELR 111293 (SC)

Supreme Court  •  SUIT NO. J1/01/2021  •  31 May 2023  •  Ghana

Coram
AMEGATCHER J.S.C., (PRESIDING), PROF. KOTEY J.S.C., OWUSU J.S.C, LOVELACE-JOHNSON J.S.C., TORKORNOO J.S.C., PROF. MENSA-BONSU J.S.C., KULENDI J.S.C

Appearances
MARTIN LUTHER KPEBU for Plaintiffs; JONATHAN ACQUAH (Principal State Attorney) for Defendant with DIANA ASONABA DAPAAH (Deputy Attorney-General), ANITA OSEI (Assistant State Attorney) NICOLA AKU SHIKA ALLOTEY (Assistant State Attorney) led by GODFRED YEBOAH DAME (Attorney-General).

Judgement

JUDGMENT

AMEGATCHER JSC

INTRODUCTION

The plaintiffs are civil society organisations (CSOs) respectively incorporated under the laws of Ghana. The plaintiffs issued the present writ on the 26th day of October 2020, invoking the exclusive original jurisdiction of the Supreme Court under articles 2 (1) and 130 (1) of the Constitution for the interpretation and enforcement of articles 70 (1) (b) and 71(1), 187 (3), (5), (7) (a), (8), (12), and (13) and Article 297(a) of the Constitution 1992, of Ghana. The writ, in effect, questions the constitutionality of a directive issued from the office of the Presidency, requesting the Auditor-General to proceed on his accumulated leave with immediate effect and subsequent appointment or designation of Johnson Akuamoah Aseidu as Acting Auditor-General.

The plaintiffs are seeking the following reliefs per their writ:

a) A Declaration that on a true and proper interpretation of Articles 70(1)(b), 71(1), 187(3), (5), (7)(a), (8), (12) and 297(a) of the 1992…

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