NARH v. DOMBO and Another

In this Ghanaian judgment authored by Coussey J, the court confronts an executive agency’s challenge to a litigant’s right to commence proceedings. The Ministry of the Interior argued that the plaintiff had no right to take out a writ, effectively attempting to police the propriety of causes of action brought before the judiciary. The court rejects that position, emphasizing the constitutional allocation of power: judicial authority is vested exclusively in the Judiciary under article 102(1) of the Constitution of Ghana, and executive organs cannot exercise final judicial power. The court further clarifies that by issuing a writ the plaintiff submitted to the court’s jurisdiction to seek a declaration concerning her status. The Ministry’s conduct, in arrogating judicial power, was characterized as a serious constitutional error showing fundamental disrespect for the Constitution.