2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Lawrence L. Mensah, JA, dismissed an appeal by a lawyer challenging the National Identification Authority’s insistence on a digital address code to register for the Ghana Card. The Applicant, a member of the Ghana Bar Association, had filed an originating human rights motion under Article 33 and Order 67, claiming the requirement was unlawful, unreasonable, and discriminatory, and sought prohibition and mandamus to compel registration without the code. The Court held that section 4 of the National Identity Register Act, as amended, expressly and mandatorily requires a digital address code; residential address is not a substitute. The statutory “shall” is imperative per the Interpretation Act, and the NIA has no discretion to waive the requirement. The Court further concluded that constitutional/statutory interpretation lies with the Supreme Court under Article 2, the Applicant failed to prove any violation or discrimination or to discharge his evidential burden, and judicial review remedies cannot compel action contrary to statute. Article 33 remedies are personal, not public-interest. The appeal failed, and the High Court’s judgment was affirmed.
J U D G M E N T:
LAWRENCE L. MENSAH, J.A.
This appeal is engendered by a decision entered in favour of the Respondent/Respondent which will be referred to as Respondent against the Applicant/Appellant who will be referred to as the Applicant by an Accra High Court dated the 28th day of March 2019. The action is an originating motion under Article 33 of the 1992 Constitution and Oder 67 of C.I. 47 launched by the Applicant a lawyer against the National Identification Authority in respect of a digital address code which the Respondent insisted was necessary for every one who applied to be issued with a National Identification Card. According to the Applicant there is no basis for the Respondent to insist on he Applicant furnishing the Respondent with a digital address code without which he the Applicant could not be registered.
Case of the Applicant:
The Applicant, a lawyer as aforementioned, deposed that in or around July 2018, the Respondent announced through the Ghana Bar Association (GBA) that it had commenced registration process to issue National Identification Card for the members of the Ghana Bar Association in Accra. The Applicant stated that being a member of the GBA, he decided to get himself registered.
It is the further deposition of the Applicant that at the work-station of the GBA in Accra, the officials of the Respondent required of him to provide his digital address code. When he was unable to provide the said digital address code, the Respondent’s officials refused his application for the card.
It is the further case of the Applicant that all attempts he made to have his particulars entered into the register of the Respondent to procure the card, proved futile, owing to the inability of the Applicant to provide the Respondent with the digital address code.
It is the contention of the Applicant that the digital address code is entirely unknown to the laws of the Republic of Ghana, and further that the subjecting of Applicant’s rights to obtain a card to his production of a digital address code is illegal, unreasonable and discriminatory. The Applicant concluded that his rights to administrative justice and equality or non-discrimination have been or are likely to be infringed upon by the Respondent.
As a result of the above, the Applicant launched an application pursuant to article 33(1) and (2) of the 1992 Constitution of the Republic of Ghana and under Order 67 of the Highs Court (Civil Procedure) Rules, 2004 (C.I. 47) claiming rel