ASSOCIATION OF FINANCE HOUSES
V.
BANK OF GHANA AND ATTORNEY GENERAL

(2021) JELR 109019 (SC)    
Supreme Court  ·  J1/04/2021 ·  28 Jul 2021 ·  Ghana
CORAM
DOTSE JSC (PRESIDING), MARFUL-SAU JSC, DORDZIE (MRS.) JSC, OWUSU (MS.) JSC, TORKORNOO (MRS.) JSC, PROF. MENSA-BONSU (MRS.) JSC, KULENDI JSC
Core Terms Beta
1st defendant
plaintiff
directives
rules
2nd defendant
managing directors
statutory instruments
chief executive officers
administrative power
original jurisdiction of this court
specialised deposit-taking institutions act
attorney general
case of the plaintiff
financial institutions
first issue
legislative duties
legislative instruments
proper interpretation of article
specialised deposit
statutory provision
1st defendant’s directive
articles
capacity of a person
determination of the true nature of the directive
directive of march
discretionary legislative powers
document of the 1st defendant
failure of the 1st defendant
force of law
functions of the supreme court
intendment of article
legislative powers
manifestations of the exercise of the 1st defendant
mere administrative fiats
plaintiff’s statement
revised corporate governance directive
said paragraph
statutory powers
transitional provisions

JUDGMENT 

KULENDI JSC:- 

INTRODUCTION  

Before us is a writ invoking the original jurisdiction of this Court brought by the Plaintiff  seeking the interpretation and the enforcement of the 1992 Constitution, and appropriate  orders and directions to give effect to any orders made.  

CAPACITY 

The Plaintiff says that it is a company limited by guarantee and as such brings this action  in the capacity of a person under Articles 2(1) and 130 of the 1992 Constitution of the  Republic of Ghana.  

BACKGROUND 

According to averments made by the Plaintiff, specifically at page 3 of its Statement of  Case, this suit is provoked by a “document of the 1st Defendant dated in December 2018  and titled; “Explanatory Notes on the Revised Corporate Governance Directive issued in  December 2018” and the "Corporate Governance Directive of 2018.” 

These Documents, and not “document”, are referred to by the Plaintiff as “the directives” and while the Plaintiff says that both the explanatory notes and the Corpor…

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