February 24, 2010
SUPREME COURT
GHANA
CORAM
AI Generated Summary
A supporter of Tema Youth Football Club sued the Ghana Football Association (GFA), seeking a declaration that article 17.1.11.1-6 of the GFA Statutes unconstitutionally restricts recourse to the courts and coerces clubs to dissociate from supporters’ litigation, an injunction against disclaimers, and ancillary relief. The GFA raised a preliminary objection that the Supreme Court lacked jurisdiction, arguing the claims sound in enforcement of Chapter Five rights reserved to the High Court and concern a private instrument, not a law of Ghana. Adinyira JSC, writing for the Court, reviewed Articles 2(1), 33(1), 130(1), 140(2), and 11(1), held that the GFA Statutes are private rules of a voluntary association and not enactments under Article 11, noted that ADR provisions do not oust court access and article 17.11.5 preserves constitutional rights, and accordingly upheld the objection and dismissed the action for lack of jurisdiction.
ADINYIRA(MRS), JSC:
The plaintiff a citizen of Ghana and a supporter of Tema Youth Football Club is claiming against the Ghana Football Association (GFA) per his writ dated 1September 2010, the following reliefs:
(a) “A declaration that article 17.1.11.1- 6 of the statutes of the Ghana Football Association seeking to oust members and their supporters from resorting to the law courts to ventilate their grievances as of right and further purporting to coerce football clubs from associating themselves with such actions to save themselves from expulsion, in so far as they constitute acts of the Ghana Football Association, is inconsistent with and or are in contravention with the letter and spirit of chapter five of the 1992 Constitution of the Republic of Ghana and are thereby void an d have always been null and void for all purposes.
(b) An order restraining the Ghana Football Association, it’s agents and members from requesting any member to file or publish a disclaimer in respect of an action in Court commenced by a supporter of a football club in which the said club obviously has an interest in same
(c) Such further or other reliefs that this honorable court may seem meet.”
The defendant has raised a preliminary objection to the jurisdiction of this Court to entertain this action. The objection is premised on three grounds:
i) The plaintiff’s suit raises no issue or matter falling within the exclusive jurisdiction of this court.
ii) The reliefs claimed by the plaintiff in this suit allege a violation of the fundamental human rights chapter of the Constitution 1992 of the Republic of Ghana, a matter within the province of and jurisdiction of the High Court and not this Court.
iii) The plaintiff’s suit raises the question as to whether or not a provision in a private instrument is null and void and could be dealt with by any other court.
In response, Counsel for the plaintiff submitted that the plaintiff’s claim is not for an enforcement of a provision of Chapter 5 of the Constitution. It is for a declaration that certain acts of the defendant infringes on that chapter of the Constitution, consequently the Supreme Court has jurisdiction in the matter.
It is necessary to set out articles 2(1), 33 (1) 130 (1) and 140 (2) of the 1992 Constitution which deals with the respective jurisdiction of the Supreme Court and the High Court:
“2 (1) A person who alleges that—
(a) An enactment or anything contained in or done under the authority of that or any o