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BRITISH AIRWAYS AND ANOTHER
V.
ATTORNEY-­GENERAL

JELR 86098 (SC)

Supreme Court Ghana
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- The Supreme Court held that, upon the repeal of PNDCL 150 by the Statute Law Revision Act, 1996 (Act 516) with no saving provision, pending criminal prosecutions under PNDCL 150 became unconstitutional, as article 19(11) of the 1992 Const

Case Details

Judges:BAMFORD-ADDO, AMPIAH, KPEGAH, ACQUAH AND ATUGUBA JJSC
Counsel:J B Quashie-Idun for the plaintiffs-applicants. J C Amonoo-Monney, Director of Public Prosecutions, for the Republic-respondent.
Other Citations:[1997-98] 1 GLR 55 - 75

BAMFORD-ADDO JSC.

The plaintiffs invoked the original jurisdiction of this court under articles 2(1)(a) and 130 of the Constitution, 1992 for the following reliefs:

"(a) A declaration that the provisions of the External Companies and Diplomatic Missions (Acquisition or Rental of Immovable Property) Law, 1986 (PNDCL 150) are inconsistent with the provisions of articles 17(1) and (2), 18(2), 36(4) and 125(3) of the Constitution, 1992 of the Republic of Ghana and consequently void for all legal and practical purposes as from 7 January 1993.
(b) A declaration that the prosecution by the defendant of the plaintiffs in the Circuit Tribunal, Accra under the said PNDCL 150 by summons issued on 27 of November 1995, with reference No RO 97/95, is unlawful
(c) An order directed at the defendant herein requiring him to discontinue the said prosecution (reference No 96/95) in the Circuit Tribunal, Accra and to take no further steps towards prosecuting the plaintiffs under PNDCL 150."

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