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PROFESSOR STEPHEN KWAKU ASARE V. THE ATTORNEY-GENERAL

(2004) JELR 68342 (SC)

Supreme Court  •  WRIT NO. 3/2002)  •  28 Jan 2004  •  Ghana

Coram
ACQUAH C.J. (PRESIDING),BADDOO J.S.C,DR TWUM J.S.C,PROF KLUDZE J.S.C,DR DATE-BAH J.S.C.

Judgement


DR DATE-BAH J.S.C. [was invited by his Lordship the Chief Justice to deliver his opinion first].

This is an action brought to invoke the original jurisdiction of the Supreme Court. It is expressed by the plaintiff to be pursuant to articles 2(1)(b) and 60 of the 1992 Constitution and rule 45 of the Supreme Court Rules, 1996 (CI 16).

The facts

The facts of the case may briefly be stated as follows: On 21 February 2002, the President of the Republic wrote to the Speaker of Parliament, informing the Speaker that the President would be travelling to Australia to attend the Commonwealth Heads of Government Meeting, scheduled to take place from 2 to 5 March 2002 and that he would be away from Ghana from 24 February until 10 March. He further informed the Speaker that during that period, because the Vice-President would also be absent from the country from the 24 to 27 February, the Speaker was, pursuant to article 60(11) of the Constitution, to act as President for those four days. Accordingl…

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