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JUSTICE KWAME ANSU-GYEABOUR V. THE ATTORNEY GENERAL

(2013) JELR 68606 (SC)

Supreme Court  •  CIVIL APPEAL NO. J6/1/2012  •  31 Jan 2013  •  Ghana

Coram
OWUSU [MS] JSC [PRESIDING], DOTSE JSC, YEBOAH JSC, GBADEGBE JSC, AKOTO-BAMFO [MRS] JSC

Judgement

OWUSU[MS.],JSC.

This is a reference under Article 130(2) of the 1992 constitution to this court for the exercise of its exclusive original Jurisdiction. Under Article 130 (1) (a) of the constitution, this exclusive jurisdiction shall be exercised in –

“all matters relating to the enforcement or interpretation of this constitution;

And

(b) - - - - - - - - - - - - - - - -

Under Article 130 (2) –

“where an issue that relates to a matter or question referred to in clause (1) of this article arise in any proceedings in a court other than the Supreme Court, the court shall stay the proceedings and refer the question of law involved to the Supreme Court for determination and the court in which the question arose shall dispose of the case in accordance with the decision of the Supreme Court.”

In suit No. HRC 42/11, as titled above, pending before (Human Rights Division) of the Accra High Court, the plaintiff, a superior court Judge has commenced an action claiming:

“(1) A declaration that in view of …

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