judy.legal
Login Register

TSIKATA V. ATTORNEY-GENERAL

(2002) JELR 68280 (SC)

Supreme Court  •  20 Mar 2002  •  Ghana

Coram
EDWARD WIREDU CJ (DISSENTING), BAMFORD-ADDO JSC, AMPIAH JSC, KPEPGAH JSC, ADJABENG JSC, ACQUAH JSC (DISSENTING), ATUGUBA JSC (DISSENTING), AKUFFO JSC (DISSENTING), ADZOE JSC

Judgement

JUDGEMENT

BAMFORD-ADDO JSC.

The plaintiff has invoked the exclusive original jurisdiction of the Supreme Court under articles 1(2) and 130(1) of the Constitution, 1992 of Ghana, which gives the Supreme Court exclusive original jurisdiction in all matters relating to the enforcement or interpretation of this Constitution. Article 1 of the Constitution, 1992 provides that:

“1. (1) The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this Constitution.
2. This Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.”

Article 2 of the Constitution, 1992 has provided how the supreme law is to be enforced. Accordingly, it states:

“2. (1) A person who alleges that—
(a) an enactment of anything contained in or done, under the authority of that …

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login