2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The plaintiff challenged the constitutionality of the Master Facility Agreement between Ghana and the China Development Bank. The Supreme Court dismissed the case, holding that the agreement did not breach the Constitution. The court emphasized constitutional interpretation, judicial review of executive actions, and the importance of political accountability.
J U D G M E N T
ATUGUBA, AG. C.J
The plaintiff by its writ claims as follows:
1. “A declaration that the President of the Republic of Ghana acted in breach of his constitutional obligations under article 40(a), 57(3), 58(1)-(4) and 73 of the Constitution 1992 of the Republic of Ghana when he caused to be submitted to the Parliament of the Republic of Ghana for approval the Agreement between the Republic of Ghana and the China Development Bank known as the Master Facility Agreement.
2. A declaration that the purported approval by the Parliament of the Republic of Ghana of the Agreement between the Republic of Ghana and the China Development Bank known as the Master Facility Agreement is of no effect, null and void to the extent that it was introduced in Parliament in breach of articles 57(3), 58(1)-(4) and 108 of the Constitution 1992 of the Republic of Ghana.
3. A declaration that having submitted to the Parliament of the Republic of Ghana for approval the Agreement between the Republic of Ghana and the China Development Bank known as the Master Facility Agreement in breach of articles 57(3), 58(1)-(4) and 108 of the Constitution 1992 of the Republic of Ghana as well as section 18(7) of the Petroleum Revenue Management Act, 2011 (Act 815) the President of the Republic of Ghana has acted in a manner prejudicial or inimical to the economy of the state and has accordingly violated article 69(1) (b) (ii) of the aforesaid Constitution.
4. A further declaration that the President of the Republic of Ghana acted in wilful violation of the oath of allegiance and the presidential oath set out in the Second Schedule and or is in wilful violation of article 58(2) of the Constitution 1992 of the Republic of Ghana when he caused to be submitted to the Parliament of the Republic of Ghana for approval the Agreement between the Republic of Ghana and the China Development Bank known as the Master Facility Agreement.
5. A declaration that having wilfully violated the oath of allegiance and the presidential oath set out in the Second Schedule and is in wilful violation of article 58(2) of the Constitution 1992 of the Republic of Ghana when he caused to be submitted to the Parliament of the Republic of Ghana for approval the Agreement between the Republic of Ghana and the China Development Bank known as the Master Facility Agreement.
6. An order of perpetual injunction restraining the Parliament of the Republic of Ghana from considering and approval the documents