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AYIKU IV
V.
ATTORNEY GENERAL & ANOR

(2024) JELR 113263 (SC)

Supreme Court 13 Nov 2024 Ghana
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- Plaintiff, Nii Odai Ayiku IV, sought declarations before the Supreme Court under articles 2(1)(b) and 130(1)(a) of the 1992 Constitution, challenging the validity and constitutionality of the Nungua Chieftaincy Affairs (Nii Odai Ayiku IV)

Case Details

Suit Number:J1/01/2023
Judges:OWUSU (MS.) JSC (PRESIDING) LOVELACE-JOHNSON (MS.) JSC ACKAH-YENSU (MS.) JSC ASIEDU JSC GAEWU JSC DARKO ASARE JSC ADJEI-FRIMPONG JSC
Counsel:ANDY KWAME APPIAH-KUBI ESQ. FOR THE PLAINTIFF. PATRICIA M. DANSO-ABEAM (MRS.) (PRINCIPAL STATE ATTORNEY) FOR THE 1ST DEFENDANT. MOHAMMED B. SAHNOON ESQ. FOR THE 2 ND DEFENDANT.

OWUSU (MS.) JSC:

By his amended writ, the plaintiff invokes the original jurisdiction of the Supreme Court pursuant to articles 2 (1) (b) and 130 (1) (a) of the 1992 Constitution for the following reliefs:

  1. A declaration that the act of passage of Executive Instrument 18 (EI 18) did not and could not qualify as an Executive, Legislative or Judicial act within the contemplation of existing laws in operation at the time of its passage.

  2. A declaration that the passage of EI 18 was an enactment made in excess of powers conferred on the Provisional National Defence Council (PNDC) as per the (Establishment) Proclamation 1981 and PNDC (Establishment) Proclamation (Supplementary) and Consequential Law 1982 (PNDCL 42) the 1992 Constitution of Ghana and Chieftaincy Act, 1971 (Act 370) in operation at the time of passage and the Chieftaincy Act, 2008 (Act 759).

  3. A declaration that by the true and proper interpretation of the laws existing at the time and in particular Section 52 of the Chieftaincy Act,…

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