MENSAH THOMPSON & ANOR v. ATTORNEY GENERAL

TANKO AMADU JSC:-

INTRODUCTION

1. My Lords, in this action, the Plaintiffs have invoked the original jurisdiction of this court pursuant to Articles 2(1) and 130(1) of the Constitution 1992, seeking against the Defendant the following reliefs:

a. A declaration that persons holding public office under article 286(5) of the 1992 Constitution, who did not submit a written declaration of properties, assets, and liabilities to the Auditor-General before taking office contravened article 286(1)(a) of the 1992 Constitution;

b. A declaration that to the extent that section 1(4) of the Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550) defers the period for submitting the written declaration of properties, assets and liabilities by six months, it is inconsistent with, or in contravention of article 286(1) of the 1992 Constitution;

c. An order striking out the words, "and shall be submitted not later than six months of the occurrence of any of the events specified in this subsection," as contained in Section 1(4) of the Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550) as being inconsistent with, or in contravention of Article 286(1) of the 1992 Constitution;

d. An order striking out the words, 'as at date of making declaration' and 'at date of making declaration as contained in the Second Schedule of the Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550) as being inconsistent with, and a contravention of Article 286(1) of the 1992 Constitution;

e. An order directing all persons holding public office under article 286(5) of the 1992 Constitution who submitted their declarations based on the unconstitutional instructions contained in the Second Schedule of the Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550) to resubmit same in compliance with the terms of article 286(1) within such reasonable time as this Honourable Court may decide; and

f. Any other orders and directions that this Honourable Court may consider appropriate for giving effect to the declarations so made.

1. When the matter came up for hearing on the 5th day of November 2025, the Plaintiffs prayed the court to strike out relief (d) endorsed in the writ and issue 2 contained in the memorandum of issues filed by the Plaintiffs on 9th November 2023. The court adopted the two issues as set out in th