ABEL EDUSEI V. THE ATTORNEY-GENERAL & THE DIRECTOR, BUREAU OF NATIONAL INVESTIGATIONS (BNI)

JOYCE BAMFORD-ADDO, J.S.C.

This is an application the Applicant asking for a review of the decision of this Court dated 13th February 1996 which held that the court has no jurisdiction to hear the case brought before it in the above mentioned case. Since jurisdiction is a fundamental issue, the absence of which would render any decision of a Court null and void, it is of utmost importance for a Court to ensure that in any case brought before it, it has the requisite jurisdiction to hear and determine that case. Where there is lack of jurisdiction a Court ought to decline jurisdiction. In the same manner where a court has jurisdiction in any case is should accept jurisdiction and adjudicate on it. It would be wrong in a such case to decline jurisdiction, as this would result in injustice to an applicant and would constitute exceptional circumstance for which a review would be granted under Article 133 of the 1992 Constitution.

The Plaintiff/Applicant by a writ and accompanying statement …