2015
SUPREME COURT
GHANA
CORAM
AI Generated Summary
In Dr. John Ephraim Baiden's case against the Attorney-General and the Bank of Ghana, the Plaintiff claimed that the Bank failed to maintain a stable currency, causing him significant financial losses. The Plaintiff sought various court orders to change monetary policies. The Defendants objected, stating the issue was outside the Court's jurisdiction. The Supreme Court ruled that the case involved policy determinations, not constitutional interpretation, and thus, dismissed the Plaintiff's action, reinforcing that such matters are within the purview of the Bank of Ghana's expertise.
ADINYIRA (MRS), JSC :
The original jurisdiction of this Court is stated in article 130 (1) of the Constitution thus:
“130(1) Subject to the jurisdiction of the High Court in the enforcement of the
Fundamental Human Rights and Freedoms as provided in article 33 of this
Constitution, the Supreme Court shall have exclusive original jurisdiction in-
a) All matters relating to the enforcement or interpretation of this
Constitution; and
b) All matters as to whether an enactment was made in excess of the
powers conferred on Parliament or any other authority or person by
law or under this Constitution
(2)Where an issue that relates to a matter or question referred to in clause (1) of
this article arises in any proceedings in a court other than the Supreme Court,
that court shall stay the proceedings and refer the question of law involved to the
Supreme Court for determination; and the court in which the question arose shall
dispose of the case in accordance with the decision of the Supreme Court.”
Dr. John Ephraim Baiden, the Plaintiff herein describes himself as “a citizen of Ghana
who has lost wealth through Foreign Exchange Rate losses”. Per his writ filed on 7
March 2014 against the Attorney-General and the Bank of Ghana, the first defendant,
and the second defendant respectively; the Plaintiff claims the following reliefs:
1. A declaration that upon a true and proper interpretation of articles 183(2) (a)
of the 1992 Constitution and Bank of Ghana Act, 2002, Section 4(1) (b), The
Bank of Ghana has neither promoted nor maintained a stable currency for the
Republic of Ghana.
2. A Writ of Mandamus to issue on Bank of Ghana or its Governor and the Board
of Directors ordering the following:
a. To Provide the Republic of Ghana a Stable Currency.
b. A change from a floating exchange regime to a fixed exchange rate
regime or a reasonable adjustable peg regime.
3. An order on 2nd Defendant to abrogate the present Dual Exchange Rate or
Multiple Exchange Rate System to a Single Exchange Rate System.
4. An Order on 2nd defendant to provide the Republic of Ghana with a 1:1 or
nearer relationship with the Leading Global Reserve Currency, thus the U.S.
Dollar, as the Republic had in July 2007.
5. A Perpetual injunction on 2nd defendant against deferring to Floating
Exchange Rate Regime in the conduct of their Monetary Policy.
6. Any further reliefs or directions which the court may deem appropriate to give
full effect or to enable ef