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THE COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE v. ATTORNEY GENERAL

1999

SUPREME COURT

GHANA

CORAM

  • HAYFRON-BENJAMIN, J.S.C. (PRESIDING)
  • AMPIAH, J.S.C.
  • ADJABENG, J.S.C.
  • ATUGUBA, J.S.C.
  • SOPHIA AKUFFO, J.S.C

Areas of Law

  • Constitutional Law
  • Administrative Law

AI Generated Summary

The case centered around whether the Commissioner for Human Rights and Administrative Justice could restore properties confiscated during the AFRC and PNDC regimes under Section 35(2) of the 1992 Constitution. The Plaintiff argued that this provision allowed him to address all such confiscations, even if confirmed by subsequent decrees, while the Defendant contended the Plaintiff had no such jurisdiction. The Supreme Court ruled in favor of the Defendant, concluding that the Plaintiff lacked the power and supervisory jurisdiction to revisit decisions made by Courts and Tribunals of the AFRC and PNDC eras, and that no such retrospective jurisdiction could be implied from existing legislation.

JUDGMENT