SALLAH
V.
ATTORNEY-GENERAL

(1970) JELR 111505 (SC)

Supreme Court 17 Apr 1970 Ghana
BriefBot icon

BriefBot Summary

Free

- The Supreme Court (majority) dismissed an application seeking the disqualification of two judges on grounds of alleged personal relationships with a party, holding that mere acquaintance or ordinary friendship, without compelling evidence

Case Details

Judges:AMISSAH, SIRIBOE, JIAGGE, ANIN AND ACHAER JJ.A.
Counsel:N.Y.B. ADADE, ATTORNEY-GENERAL (WITH HIM DR. S.K. ASANTE, SOLICITOR-GENERAL AND E.E. MENSAH, STATE ATTORNEY) FOR THE APPELLANT; JOE REINDORF (WITH HIM J. B. QUASHIE-IDUN, E.K. AKYEA-DJAMSON AND JAMES QUASHIE-IDUN) FOR THE RESPONDENT.

RULING

On 21 February 1970 certain office-holders received notification from the Presidential Commission, acting in pursuance of the Constitution, 1969, Sched. I, s.9 (1), that their services were no longer required.  The respondent, formerly a manager of the G.N.T.C., was one such office-holder affected by the said section 9(1).  He brought an action before the Supreme Court for a declaration that on a proper interpretation of section 9(1) his office fell outside the purview of the offices contemplated by the section and therefore the Government was wrong in terminating his employment.  The Attorney-General, as the legal representative of the Government, was made the defendant to the action.  It was heard by a bench composed of Apaloo, Siriboe, Sowah, Anin and Archer JJ.A. on 16, 17 and 18 March.  The court then adjourned to advise itself of its judgment [see 1970 C.C.48, SC.].  On 24 March the Attorney-General filed the instant motion of notice asking that Apaloo and Sowah JJ.A. be d…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.