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THE REPUBLIC V. HIGH COURT, HO EXPARTE ATTORNEY-GENERAL & PROF. MARGARET KWAKU & 4 ORS.

(2021) JELR 107961 (SC)

Supreme Court  •  J7/07/2021  •  30 Mar 2021  •  Ghana

Coram
E. YONNY KULENDI, JSC PROF. H. J. A. N. MENSA-BONSU (MRS.), JSC A. LOVELACE-JOHNSON (MS.), JSC S. K. MARFUL-SAU, JSC Y. APPAU, JSC G. TORKORNOO (MRS.), JSC

Appearances
GODFRED YEBOAH DAME ( ATTORNEY-GENERAL) FOR THE APPLICANT/RESPONDENT; WITH HIM GRACE EWOOL (CHIEF STATE ATTORNEY) AND YVONNE BANNERMAN (SENIOR STATE ATTORNEY); TSATSU TSIKATA FOR THE INTERESTED PARTIES/APPLICANTS WITH EMILE ATSU AGBAKPE.

Judgement

RULING

TORKORNOO (MRS.) JSC

Background to the current application

On 23rd of December 2020, the Applicants herein commenced an action in the High Court, Ho. They sought to invoke the jurisdiction of the High Court under Article 33 of the 1992 Constitution and Order 67 of the High Court (Civil Procedure) Rules 2004 (CI 47) by the issue of an Originating Motion against The Electoral Commission (1st Respondent), Wisdom Kofi Akpakli, the Regional Electoral officer, (2nd Respondent) (3) John Peter Amewu (3rd Respondent) and (4) The Attorney General (4th Respondent)

Chapter 5 of the 1992 Constitution provides in Article 33(1) and (3) that 

33(1) Where a person alleges that a provision of this Constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the high court for redress 

33(3) A person aggrieved by a determination of the Hi…

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