THE REPUBLIC V. BANK OF GHANA EX-PARTE: HODA HOLDINGS LIMITED

JUDGMENT

SACKEY TORKORNOO CJ:

Background of facts and law

1] Chapter 5 of the 1992 Constitution deals with fundamental human rights and freedoms. Article 23 of the 1992 Constitution falls within chapter 5 and provides regarding the right to administrative justice:

Administrative Justice

23 Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal

2] This power of judicial review over administrative bodies and officials is placed in the hands of the high court under article 140 (2) of the 1992 Constitution. This jurisdiction may be invoked through the original and general jurisdiction of the high court in section 15 (1) (a) of the Courts Act, 1993 Act 459, or the high court’s special jurisdiction over Fundamental Human Rights and Freedoms in article 33 (1) section 15 (1) (a) (b) …