July 27, 2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court review decision arises from litigation over the Assin North parliamentary seat. Michael Ankomah Nimfah petitioned the High Court at Cape Coast, which on 7 December 2020 declared the Applicant’s election null and void. The Applicant appealed and moved the Court of Appeal to stay proceedings and refer Article 94(2)(a) to the Supreme Court; both requests were dismissed on 13 December 2021. The Applicant then sought in the Supreme Court certiorari to quash that ruling and a self‑referral; certiorari was unanimously refused and, by majority, stay and self‑referral were declined on 9 March 2022. In this review, a five‑judge majority led by Justice Torkornoo, with Justices Kotey, Honyenuga, Mensa‑Bonsu, and Kulendi concurring, held that Article 130(2) must operate within procedural rules (Rule 67 CI 16; Rule 20 CI 19/CI 25). They found no exceptional circumstances under Article 133 and Rule 54(a) and dismissed the review. Justices Pwamang (presiding) and Dordzie dissented, urging mandatory stay and referral once a genuine constitutional issue arises.
MAJORITY OPINION
TORKORNOO (MRS.) JSC :-
Article 130 of the 1992 Constitution provides in sub-clauses (1) and (2):
(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
Article 133 (1) of the 1992 Constitution provides:
133 (1)The Supreme Court may review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by rules of court
Rule 54 (a) of the Supreme Court Rules 1996 (CI 16).
It reads:
“54 Grounds for Review
The court may review a decision made or given by it on the ground of:
(a)exceptional circumstances which have resulted in a miscarriage of justice; or
Background to the Application
Michael Ankomah Nimfah, the 1st Interested Party in this application before us, commenced a parliamentary petition in the High Court sitting in Cape-Coast against the Applicant herein (hereafter referred to as Applicant). Judgement was entered against the Applicant on 7th December 2020. In his judgment, the High Court Judge, inter alia, declared the Applicant’s election as Member of Parliament for Assin North Constituency as null and void and of no legal effect. The Applicant appealed against the High Court judgement. Following the appeal against the High Court judgement, and prior to the filing of his submissions on the grounds of appeal, the Applicant applied to the Court of Appeal to stay proceedings before it and refer to this court an interpretation of Article 94 (2)(a) of the 1992 Constitution.
The Court of Appeal dismissed both the application for stay of proceedings and application for reference to the Supreme Court on 13th December 2021. After reviewing the record before it, it