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BAAFOUR KWAME FANTE ADUAMOA II AND 6 OTHERS
V.
NANA GYAKORANG ADU TWUM II AND ANOTHER

(2000) JELR 65918 (SC)

Supreme Court 9 Feb 2000 Ghana
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- The Supreme Court has original jurisdiction to interpret and enforce the provisions of the Constitution. - This jurisdiction is meant to be invoked in suits raising genuine issues of interpretation or enforcement of the Constitution. - Th

Case Details

Suit Number:SUIT NO. 3/94
Judges:WIREDU J.S.C (PRESIDING), BAMFORD-ADDO (MRS.) J.S.C., AMPIAH J.S.C., ADJABENG J.S.C, ACQUAH J.S.C, ATUGUBA J.S.C, AKUFFO (MS.) J.S.C.
Counsel:MR. NUTIFAFA KUENYEHIA FOR THE PLAINTIFFS ,DR. TWUM FOR THE DEFENDANTS MR. AFRIFA GYASIE CHIEF STATE,ATTORNEY FOR THE ATTORNEY-GENERAL
Other Citations:(2000) JELR 65009 (SC), (2000) JELR 67527 (SC)

JUDGMENT

ACQUAH, JSC

My Lords, the original jurisdiction vested in the Supreme Court by articles 2(1) and 130(1) of the 1992 Constitution to interpret and enforce the provisions of the Constitution, is a special jurisdiction meant to be invoked in suits raising genuine or real issues of

— the interpretation of a provision of the Constitution or

— the enforcement of a provision of the Constitution, or

— a question whether an enactment was made ultra vires Parliament, or any other authority or person by law or under the constitution.

See: Gbedemah v. Awoonor-Williams, (1969) 2 G&G 438 Tait, v. Ghana Airways Corporation (1970)2 G and G 527, Yiadom v. Amaniampong (1981) GLR 3 SC, Edusei v. Attorney-General (1996-97) SCGLR 1, Edusei v. Attorney General (No.2) CM 21/96, 22nd April 1998 SC (unreported), Republic v. Special Tribunal ex parte Akosah (1980) GLR 592 CA.

This special jurisdiction is not meant to usurp, or to be resorted to in place of, any of the jurisdictions of a lower court. In other…

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