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DR. AMANDA ODOI
V.
THE SPEAKER OF PARLIAMENT & ANOR

(2024) JELR 112804 (SC)

Supreme Court 18 Dec 2024 Ghana
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- The Supreme Court dismissed the action, holding that its judicial review jurisdiction cannot be exercised to strike down a Bill that is still in the legislative process and has not yet become law; such actions are premature and must await

Case Details

Suit Number:WRIT NO J1/13/2023
Judges:LOVELACE - JOHNSON, JSC (PRESIDING) PROF. MENSA-BONSU, JSC ACKAH-YENSU, JSC ASIEDU, JSC GAEWU, JSC DARKO ASARE, JSC ADJEI-FRIMPONG, JSC
Counsel:DR. ERNEST AKO ESQ. FOR PLAINTIFF WITH JULIA SELMAN AYETEY AND BENEDICT NII ADJEI KRAKU ESQ. THADDEUS SORY ESQ. FOR 1ST DEFENDANT WITH PUUMAYA NANTOGMA. GODFRED YEBOAH DAME, ATTORNEY – GENERAL WITH DIANA ASONABA DAPAAH (DEPUTY ATTORNEY-GENERAL), DR. SYLVIA ADUSU (CHIEF STATE ATTORNEY), VICTORIA ADOTEY (STATE ATTORNEY) AND NANA KONADU FRIMPONG (ASSISTANT STATE ATTORNEY).

JUDGMENT

ADJEI-FRIMPONG, JSC:

Introduction

My Lords, a while ago, we delivered this Court’s unanimous decision in the case of RICHARD SKY VRS THE PARLIAMENT & ATTORNEY-GENERAL, Writ No. J1/09/2024 (RICHARD SKY). That case, on account of the reliefs sought therein, spanned a broader subject spectrum. Nonetheless, it arose from the same factual background and also gave rise to a quest almost the same as what is to be seen in this case. By reason of the commonality of facts and the similarity of issue(s) in both suits, the option of delivering a composite judgment to cover both suits was on table to consider. We have however decided to deliver a separate reasoning for this case for some material considerations which we wish to put on record.

First, the parties in the suits are not exactly the same. Whereas, in Richard Sky, the Plaintiff is obviously different and the House of Parliament itself was joined as a Defendant, here the Speaker is joined as 1st Defendant and the reliefs claimed appe…

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