BENNEH v. THE REPUBLIC

ABOAGYE J considered an application by Benneh seeking an injunction to restrain the defendants, including state officers, from proceeding to execution in the suit styled Republic v. Benneh, where the State had secured judgment for N¢15,302.46 under the National Liberation Council (Investigation and Forfeiture of Assets) (Further Implementation of Commissions' Findings) (No. 3) Decree, 1969 (N.L.C.D. 400). Benneh alleged N.L.C.D. 400 was repugnant to the Constitution, 1969, particularly articles 12 and 18, and invoked Order 41 R.S.C. and article 28 for relief. Although jurisdiction was not initially raised, the court invited argument. The defendants contended only the Supreme Court could declare the decree void; the plaintiff argued High Court jurisdiction under article 106(1) and article 28. The judge held the claim was a constitutional challenge covered by article 2, which confers original jurisdiction on the Supreme Court. He dismissed the action, granting liberty to sue in the Supreme Court and awarding N¢50 costs to the defendants.