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T. T. NARTEY V. GODWIN GATI

(2010) JELR 68100 (SC)

Supreme Court  •  REFERENCE NO. J6/1/2010  •  7 Jul 2010  •  Ghana

Coram
AKUFFO (MS) JSC (PRESIDING), BROBBEY JSC, DR. DATE-BAH JSC, ANSAH JSC, OWUSU (MS) JSC, DOTSE JSC, YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC

Judgement

RULING

DR. DATE-BAH, JSC: This is the unanimous ruling of the Court on this reference.

Introduction

His Worship Ali Baba Abature, the Magistrate who has in this case made a reference to this Court, has exhibited commendable legal awareness. This is the first reference that we are aware of that has come from a Magistrate’s Court. He is, of course, well within his rights, under article 130(2) of the 1992 Constitution, to refer to this court:

“(a) all matters relating to the enforcement or interpretation of this Constitution; and
(b) all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any authority or person by law or under this Constitution.”

The context within which this Court will exercise its original jurisdiction, whether by way of a reference or otherwise, was set out lucidly by Anin JA in the locus classicus in Republic v. Special Tribunal; Ex parte Akosah [1980] GLR 592 at p. 604 as follows (in relation to the 1979 Constitution):

“F…

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