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THE REPUBLIC V. HIGH COURT, CRIMINAL COURT 1, EXPARTE STEPHEN KWABENA OPUNI & ATTORNEY-GENERAL SEIDU AGONGO

(2023) JELR 110986 (SC)

Supreme Court  •  NO. J7/07/2023  •  22 Feb 2023  •  Ghana

Coram
DOTSE JSC (PRESIDING) OWUSU (MS.) JSC LOVELACE-JOHNSON (MS.) JSC TORKORNOO (MRS.) JSC PROF. MENSA-BONSU (MRS.) JSC KULENDI JSC

Appearances
SAMUEL CUDJOE ESQ. WITH HIM ZENAB ABDUL AZIZ ESQ. AND JESSICA ANSAH ANTWI ESQ. FOR THE APPLICANT/APPLICANT. EVELYN KEELSON (CHIEF STATE ATTORNEY) LED BY MRS. YVONNE ATAKORA OBOUBISA (DIRECTOR OF PUBLC PROSECUTION) FOR THE 1ST INTERESTED PARTY/RESPONDENT. EMMANUEL KUMADEY ESQ. WITH HIM SENAM NUTSUKPUI ESQ. FOR THE 2ND AND 3RD INTERESTED PARTIES/RESPONDENT.

Judgement

TORKORNOO (MRS.) JSC:- Article 133 of the 1992 Constitution provides the jurisdiction of the Supreme Court to review its decisions. It reads in

Power of Supreme Court to Review its Decisions

  1. 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 of court
  2. The Supreme Court, when reviewing its decisions under this article, shall be constituted by not less than seven justices of the Supreme Court

Rule 54 of the Supreme Court Rules 1996 C. I. 16 provides the extremely limited circumstances under which the Court may review its decisions

54. Grounds for Review

The Court may review any decision made or given by it on any of the following grounds 

  1.  Exceptional circumstances which have resulted in miscarriage of justice;
  2. Discovery of new and important matter or evidence which after the exercise of due diligence, was not within the applicant’s knowledge or could not be produced by him at the time when the decision was g…

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