CENTRE FOR PUBLIC INTEREST LAW V. THE ATTORNEY-GENERAL

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- The plaintiff is claiming that the President of Ghana breached constitutional obligations when submitting an agreement to Parliament for approval. - The plaintiff argues that the approval of the agreement by Parliament is null and void du

Case Details

Suit Number:CIVIL APPEAL NO. J1/5/2012

Judges:ATUGUBA AG .C.J (PRESIDING), AKUFFO (MS) J.S.C., DR. DATE-BAH JSC, ANSAH J.S.C., ADINYIRA (MRS) J.S.C., ANIN-YEBOAH J.S.C., BAFFOE-BONNIE J.S.C., GBADEGBE J.S.C., AKOTO-BAMFO (MRS.) J.S.C

Counsel:THADEUS SORY (WITH HIM CYNTHIA FRIMPOMAA) FOR THE PLAINTIFF; SYLVESTER WILLIAMS (PRINCIPAL STATE ATTORNEY) FOR THE DEFENDANT.

JUDGMENT

ATUGUBA, AG. C.J

The plaintiff by its writ claims as follows:

1. “A declaration that the President of the Republic of Ghana acted in breach of his constitutional obligations under article 40(a), 57(3), 58(1)-(4) and 73 of the Constitution 1992 of the Republic of Ghana when he caused to be submitted to the Parliament of the Republic of Ghana for approval the Agreement between the Republic of Ghana and the China Development Bank known as the Master Facility Agreement.

2. A declaration that the purported approval by the Parliament of the Republic of Ghana of the Agreement between the Republic of Ghana and the China Development Bank known as the Master Facility Agreement is of no effect, null and void to the extent that it was introduced in Parliament in breach of articles 57(3), 58(1)-(4) and 108 of the Constitution 1992 of the Republic of Ghana.

3. A declaration that having submitted to the Parliament of the Republic of Ghana for approval the Agreement between the Republic of Ghana …

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CENTRE FOR PUBLIC INTEREST LAW
V.
THE ATTORNEY-GENERAL