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

(2021) JELR 109019 (SC)

Supreme Court 28 Jul 2021 Ghana
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- The Supreme Court of Ghana held that the Bank of Ghana’s December 2018 Corporate Governance Directive was not an "Order, Rule, or Regulation" within the meaning of Article 11(1)(c) of the 1992 Constitution. - Consequently, the Bank of Gha

Case Details

Suit Number:J1/04/2021
Judges:DOTSE JSC (PRESIDING), MARFUL-SAU JSC, DORDZIE (MRS.) JSC, OWUSU (MS.) JSC, TORKORNOO (MRS.) JSC, PROF. MENSA-BONSU (MRS.) JSC, KULENDI JSC
Counsel:THADDEUS SORY WITH HIM SEAN POKU AND NANA BOAKYE MENSAH-BONSU FOR THE PLAINTIFF. ACE ANAN ANKOMAH FOR THE 1ST DEFENDANT. ALFRED TUAH-YEBOAH (DEPUTY ATTORNEY-GENERAL) WITH HIM GRACE EWOAL (MRS.) (CHIEF STATE ATTORNEY), YVONNE OBUABISA (DEPUTY PUBLIC PROSECUTOR) AND REGINALD NII ODOI (ASSISTANT STATE ATTORNEY)FOR THE 2ND DEFENDANT

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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