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THEOPHILUS DONKOR V. THE ATTORNEY GENERAL

(2019) JELR 67141 (SC)

Supreme Court  •  WRIT NO. J1/08/2017  •  12 Jun 2019  •  Ghana

Coram
AKUFFO (MS) CJ (PRESIDING), DOTSE JSC, GBADEGBE JSC, BENIN JSC, MARFUL-SAU JSC, AMEGATCHER JSC, KOTEY JSC

Appearances
SYLVESTER WILLIAMS CHIEF STATE ATTORNEY FOR DEFENDANT WITH HIM ,AURIEL ASARE BOATENG ASSISTANT STATE ATTORNEY AKAWARE ,ATENDAM ASSISTANT STATE ATTORNEY AND VIVIAN OPOKU AGYAKWA ASSISTANT FOR THE DEFENDANT,GODWIN TAMAKLOE FOR THE PLAINTIFF

Judgement

KOTEY, JSC

1.0 Introduction

By a writ of summons issued on 4th January 2017, the Plaintiff invoked the original jurisdiction of this court pursuant to Articles 2 (1) and 130 seeking certain reliefs. The said writ was amended pursuant to leave of this court granted on the 8th March 2017. The Plaintiff therefore filed an amended writ and statement of case on 10th March 2017. The Defendant filed an amended Statement of case on 23rd March 2019. The following reliefs are indorsed on the amended writ.

1. A declaration that the removal from office of such Chief Executives, Chief Executive Officers, Director-Generals (howsoever called) and members of governing boards of public corporations merely on account of the assumption of office of the person elected as President of the Republic of Ghana does not amount to a just cause and is accordingly unconstitutional;

2. A declaration that to the extent that section 14 of the Presidential (Transition) Act 2012 (Act 845) requires all Chief Executives, Ch…

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