2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case revolves around the Applicant's challenge to the Bank of Ghana's (BOG) revocation of Unicredit Ghana Limited's license for insolvency. The Applicant claimed that the revocation was arbitrary, without due process, and violated the principles of natural justice and constitutional rights to administrative justice. The High Court dismissed the application for judicial review, but the Court of Appeal reversed this decision, quashing the revocation. The matter was taken to the Supreme Court, which restored the High Court's judgment, holding that the BOG's actions were lawful, followed due process, and did not breach the rules of natural justice.
SACKEY TORKORNOO CJ:
Background of facts and law 1] Chapter 5 of the 1992 Constitution deals with fundamental human rights and freedoms. Article 23 of the 1992 Constitution falls within chapter 5 and provides regarding the right to administrative justice: Administrative Justice 23 Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal 2] This power of judicial review over administrative bodies and officials is placed in the hands of the high court under article 140 (2) of the 1992 Constitution.
This jurisdiction may be invoked through the original and general jurisdiction of the high court in section 15 (1) (a) of the Courts Act, 1993 Act 459, or the high court’s special jurisdiction over Fundamental Human Rights and Freedoms in article 33 (1)section 15 (1) (a) (b) of Act 459. 3] On 19th August 2019, the Applicant/Appellant/Respondent (hereafter referred to as Applicant) filed an application in the high court seeking judicial review of an Administrative Notice issued by the Respondent/Appellant/Respondent (hereafter referred to as BOG). An amended notice of motion was filed on 8th November 2019. The motion prayed the high court for the following reliefs: 1. An Order of Certiorari directed at the Respondent to bring up to this Honourable Court for the purpose of being Quashed the Notice Dated the 16th day of August, 2019 declaring Unicredit Ghana Limited insolvent and revoking the license of Unicredit Ghana Limited to operate as a Specialized Deposit Taking Institution.
2. An Order of Interlocutory Injunction restraining the Respondent, their agents, assigns, privies hirelings or otherwise howsoever described from interfering with the operations of Unicredit Ghana Limited and to refer the subject matter of the instant application to arbitration.
Summary of the case brought to court.
Jurisdiction 4] The applicant submitted that the application was made pursuant to order 55 Rule(3) (1) of the High Court (Civil Procedure) Rules 2004 CI 47. It referenced the basis of the application to the supervisory jurisdiction of the high court in article 141, of the 1992 Constitution, and section 16 of the Courts Act, 1993 Act 459. Article 141 reads: Supervisory Jurisdiction of the High Court 141. The High Court shall have supervisory jurisdiction