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CENTRE FOR PUBLIC INTEREST LAW v. THE ATTORNEY - GENERAL

2012

SUPREME COURT

GHANA

CORAM

  • ATUGUBA, AG .C.J (PRESIDING)
  • AKUFFO (MS), J.S.C.
  • DR. DATE-BAH, JSC
  • ANSAH, J.S.C.
  • ADINYIRA (MRS), J.S.C.
  • ANIN-YEBOAH, J.S.C.
  • BAFFOE-BONNIE, J.S.C.
  • GBADEGBE, J.S.C.
  • AKOTO-BAMFO (MRS.) J.S.C

Areas of Law

  • Constitutional Law
  • Administrative Law
  • Banking and Finance Law
  • Public international law

AI Generated Summary

This Supreme Court of Ghana case concerns a constitutional challenge to the President’s submission to Parliament, and Parliament’s approval, of a Master Facility Agreement (MFA) between the Republic of Ghana and the China Development Bank to finance multi‑sector development projects. The plaintiff alleged violations of Articles 40(a), 57(3), 58(1)-(4), 73 and 108 of the 1992 Constitution and section 18(7) of the Petroleum Revenue Management Act, 2011 (Act 815), arguing the MFA’s clause requiring at least 60% of the loan to be paid to PRC contractors was discriminatory and contrary to Ghana’s national interest. The Court held the action within its original jurisdiction, treated the MFA within Article 73’s international relations ambit, found the 60% PRC‑contractors proviso non‑discriminatory, rejected the Act 815 claim as unfounded, struck out removal‑related allegations under Article 69’s special procedure, and dismissed the suit. A concurring opinion emphasized judicial restraint and political accountability when assessing national interest in executive economic policy.