NII KPOBI TETTEY TSURU III V. THE ATTORNEY-GENERAL

JUDGMENT

ATUGUBA, J.S.C

The main issue raised by this Review application is whether the decision of this court (by 4-1 majority) dated 19/5/2011 that article 20(5) and (6) of the 1992 constitution is inapplicable to the La Wireless Station Land situate, lying and being at Cantonments, Accra, because the said land had been compulsorily acquired by the State in 1947, long before the advent of the said constitution, should be reversed.

The Review jurisdiction of this court is laid down in article 133(l) of the constitution as follows:

“133 Power of the Supreme Court to review its decision

The Supreme Court may review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by Rules if Court.”

Pursuant to this rule 54 of the Supreme Court Rules, 1996 (C.1.16) provides thus:

“54. Grounds for review

The Court may review a decision made or given by it on the ground of exceptional circumstances which have resulted in a miscarriage of justice; or the di…