Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

REPUBLIC v. HIGH COURT, ACCRA; EX PARTE ADDAE-ATCHEWEREBUO III AND ORS

February 11, 2010

SUPREME COURT

GHANA

CORAM

  • WOOD (MRS), CJ (PRESIDING)
  • ANSAH, JSC
  • OWUSU (MS), JSC
  • DOTSE, JSC
  • ANIN YEBOAH, JSC

Areas of Law

  • Civil Procedure
  • Constitutional Law
  • Administrative Law

AI Generated Summary

Assembly members for Tepo, Tapa-Manya, Akposo-Kabo, and Bowiri Amanfrom sought the Supreme Court’s supervisory intervention to quash and prohibit High Court proceedings in suit No. BMISC.373/2008, where Daasebre Asare Baah III and others challenged the creation and operation of the Biakoye District Assembly under L.I. 1910 and E.I. 11 of 2007, including the naming of Nkonya Ahenkro as the district capital. The High Court had granted interlocutory injunctions in March 2008 and May 2009 restraining inauguration and operation of the Assembly. The Applicants argued that the High Court lacked jurisdiction to strike down legislation and that only the Supreme Court could do so under Article 130(1)(b). A preliminary objection asserted the application was out of time under Rule 62, but the Supreme Court held time ran from the 13 May 2009 order that first affected the Applicants. Meanwhile, the Interested Parties discontinued the High Court suit and commenced a fresh action in the Supreme Court, rendering the application moot, which the Court struck out after dismissing the preliminary objection.

RULING