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JUSTICE ABDULAI v. THE ATTORNEY-GENERAL

(2022) JELR 109669 (SC)

Supreme Court  •  WRIT NO. Jl/07/2022  •  9 Mar 2022  •  Ghana

Coram
DOTSE JSC (PRESIDING), AMEGATCHER JSC, PROF. KOTEY JSC, OWUSU (MS.) JSC, LOVELACE-JOHNSON (MS.) JSC, HONYENUGA JSC, KULENDI JSC

Judgement

JUDGMENT

KULENDI JSC

I.    INTRODUCTION

This action invokes our original jurisdiction pursuant to Article 2(1)(b) and 130(1)(a) of the Constitution to challenge the constitutionality or otherwise of recent going-ons in Parliament, one of the three arms of government, and by implication,  the constitutionality or otherwise of one of Parliament's internal rules for the conduct of its business.

We wish to start by reminding ourselves of the dicta of an illustrious jurist, as follows:

"... where it is alleged before the Supreme Court that any organ of Government or an institution is acting in violation of a provision of the Constitution, the Supreme Court is duty bound by articles 2(1} and 130{1} to exercise jurisdiction, unless the Constitution has provided a specific remedy... no individual nor creature of the Constitution is exempted from the enforcement provision of article 2 thereof. No one is above the law. And no action of any individual or institution under the Constitution is immune f…

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