NARH v. DOMBO and Another
1970
HIGH COURT
GHANA
CORAM
- Coussey J
Areas of Law
- Constitutional Law
- Judicial Review
1970
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case revolves around the plaintiff's issuance of a writ and the Ministry of the Interior's improper attempt to judge the propriety of the plaintiffs action, which is a matter solely for the courts.
EXTRACT FROM JUDGMENT:
“It has been argued that when the writ was taken out the plaintiff had no right to do so. If even this were right, and I do hold that is a sound proposition, it is not up to the Minster of the Interior to determine which causes of action are properly before the court and which are not. This is purely a matter for the courts to determine. Insofar as the plaintiff issued her writ she submitted herself to the jurisdiction of the courts of Ghana to make a declaration as to her status.
The position of the Judiciary is enshrined by article 102(1) of the Constitution of Ghana which reads as follows: “The judicial power of Ghana shall be vested in the Judiciary of which the Chief Justice shall be the Head; and accordingly no organ or agency of the executive shall be given any final judicial power.’ If, therefore, the Ministry of the Interior as an agency of the executive arrogated to themselves the judicial power of determining the propriety of the plaintiff’s action, then they have seriously erred and shown a fundamental disrespect for the Constitution which I am quiet sure every Ghanaian so well cherishes.”