BENNEH v. THE REPUBLIC

The case of Benneh v. The Republic concerns a suit filed in the High Court of Ghana by the plaintiff, Benneh, seeking an injunction against the execution of a judgment entered against him under the National Liberation Council (Investigation and Forfeiture of Assets) (Further Implementation of Commissions' Findings) (No. 3) Decree, 1969 (N.L.C.D. 400). The plaintiff argued that N.L.C.D. 400 was repugnant to articles 12 and 18 of the Constitution of Ghana, 1969, and therefore void. The main issue before the court was whether N.L.C.D. 400 was indeed void for contravening the Constitution. However, during the proceedings, the question of jurisdiction arose. The court, presided over by Justice Aboagye, considered whether the High Court had the authority to hear a case challenging the constitutionality of an enactment. After hearing arguments from both sides, Justice Aboagye ruled that the High Court lacked jurisdiction to entertain the suit. The judge based this decision on Article 2 of the Constitution, which stipulates that actions seeking declarations of unconstitutionality must be brought before the Supreme Court. Consequently, the court dismissed the plaintiff's claim but granted liberty to bring the action in the Supreme Court for a determination of the validity of N.L.C.D. 400. This judgment emphasizes the principle that in Ghana's legal system, the Supreme Court has exclusive jurisdiction over cases alleging that an enactment is inconsistent with or in contravention of any provision of the Constitution. The case highlights the importance of proper forum selection in constitutional challenges and reinforces the Supreme Court's role as the ultimate arbiter of constitutional matters in Ghana.