2001
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Ghana Supreme Court ruling addresses a preliminary objection to an original Article 2 suit filed by Martin Amidu against President J. A. Kufuor, the Attorney-General, and three appointees—Jake Obetsebi-Lamptey, Elizabeth Ohene, and Joshua Hamidu—challenging appointments allegedly made without Council of State consultation under the Presidential Office Act, 1993 (Act 463). Multiple opinions were issued. The majority, led by Acting Chief Justice Edward Wiredu, held that the Supreme Court’s original jurisdiction is limited to constitutional enforcement or interpretation and cannot be used to enforce statutory provisions; Act 463 is not a constitutional provision. The majority further found the writ disclosed no cause of action and that subsequent parliamentary approval of ministerial positions rendered the matter moot. Several judges also concluded the President is not a proper civil defendant and criticized bypassing lower courts when statutory issues predominate. Three judges dissented, favoring a merits hearing.
EDWARD WIREDU, AG. CHIEF JUSTICE
This ruling is the outcome of a preliminary objection raised on behalf of the Defendants by the Attorney General on the following grounds:
(1) This Court lacks jurisdiction to entertain the Plaintiffs action against the Defendants herein;
(2) That no cause of action is disclosed by Plaintiff's Writ and the Statement of Case;
(3) That the questions raised in the Plaintiff's action for determination are moot; and for such further or other Orders as to this Honourable Court may seem it.
Article 11 of the 1992 Constitution Provides as follows:—
11. (1) The law of Ghana shall comprise
(a) this Constitution;
(b) enactment’s made by our under the authority of the Parliament established by this Constitution;
(c) any Orders, Rules and Regulations made by any person or authority under a power conferred by this Constitution;
(d) the existing law; and
(e) the common law.
From the above it will be observed that there are five different kinds of laws which are recognised and enforceable in the courts of Ghana.
Each Court in Ghana has it's own jurisdiction prescribed for it under the laws of Ghana. Some of these laws are not enforceable directly by invoking the original jurisdiction of the Supreme Court. Save those specifically provided for under Article 130 (1) and (2) of the Constitution which read as follows:—
ARTICLE 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 arising 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.
That there are different kinds of laws in Ghana in addition to the provisions of the Constitution itself is also buttressed by Article 1(2) which states in effect that any law which is inconsistent with any provision of