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THE REPUBLIC V. THE GENERAL LEGAL COUNCIL EX PARTE: NII KPAKPO SAMOA ADDO AND SIKA ABLA ADDO

(2017) JELR 64534 (HC)

High Court  •  SUIT NO.CR/229/17  •  18 Dec 2017  •  Ghana

Coram
HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT

Judgement

BAFFOUR J.

Applicants have invoked the supervisory jurisdiction of the High Court under Order 55 of the High Court (Civil Procedure) Procedure Rules, C.I 47 for orders in the nature of certiorari and prohibition directed at the General Legal Council for the purposes of quashing a charge sheet dated 29th March, 2017 and the charge itself contained in the charge sheet.

The grounds for praying for the issuance of certiorari and prohibition have been provided by the Applicants in the motion paper as:

a. Lack of jurisdiction

b. Breach of natural justice

c. Illegality

The factual basis for the invocation of the supervisory jurisdiction of the High Court by the Applicants have been stated in the affidavits deposed to by the 1st Applicant that accompanied the application which may be summarized as follows:

That on the 3rd of July, 2014 one Nii Adjei Browne petitioned the General Legal Council on the basis that the 1st Applicant, then an Attorney at the chambers of the Attorney-General had used his p…

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