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JANET NAAKARLEY AMEGATCHER V. ATTORNEY-GENERAL, THE SPEAKER OF PARLIAMENT, THE ELECTORAL COMMISSION AND THE MINISTER OF LOCAL GOVERNMENT

(2012) JELR 68567 (SC)

Supreme Court  •  CIVIL APPEAL NO. J1/1/2012  •  9 May 2012  •  Ghana

Coram
ATUGUBA AG. C.J (PRESIDING), AKUFFO(MS.) J.S.C., DATE-BAH J.S.C., OWUSU (MS.)J.S.C., ANIN-YEBOAH J.S.C., GBADEGBE J.S.C.,AKOTO-BAMFO (MRS) J.S.C.

Judgement

JUDGEMENT

ATUGUBA, J.S.C.

On 6/2/2012 the plaintiff issued a writ invoking the original jurisdiction of this court claiming in effect that the newly created District Assemblies are unconstitutional.

On 29/2/2012 the question arose as to whether having regard to the provisions of article 88(1) and (5) the Speaker of Parliament and the Minister of Local Government have been properly joined to this action.

Article 88(1) and (5) are as follows:

“88. (1) There shall be an Attorney-General of Ghana who shall be a Minister of State and the principal legal adviser to the Government.

(5) The Attorney-General shall be responsible for the institution and conduct of all civil cases on behalf of the State; and all civil proceedings against the State shall be instituted against the Attorney-General as defendant.” (e.s.)

The contentions of Mr. Nene Amegatcher are varied but the main thrust of them is his contention that

“... the Attorney-General was never intended to act as legal counsel for the other two o…

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