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DR PAPA KWESI NDUOM & 2 ORS
V.
BANK OF GHANA & 2 ORS

(2023) JELR 114273 (SC)

Supreme Court 19 Jul 2023 Ghana
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- The Supreme Court held that section 141 of Act 930, which provides for arbitration as a means of redress following revocation of a banking licence, does not oust the constitutional jurisdiction of the High Court to determine allegations o

Case Details

Suit Number:J4/07/2023
Judges:PWAMANG JSC (PRESIDING), OWUSU (MS.) JSC., AMADU JSC., ACKAH-YENSU (MS.) JSC., KOOMSON JSC
Counsel:DR. JUSTICE SREM-SAI ESQ.WITH ALHASSAN G. ABDUL AZIZ ESQ. AND RACHAEL DINSEY ESQ. FOR APPLICANTS/RESPONDENTS/ APPELLANTS FRANK DAVIES ESQ. WITH PATRICK ENIN ESQ. FOR 1 RESPONDENT/APPELLANT/RESPONDENT AKAWARI-LINURU ATENDEM (SENIOR STATE ATTORNEY) FOR 2 RESPONDENT PHILIP ADDISON ESQ. FOR 3 RESPONDENT

JUDGMENT

PWAMANG JSC:-

My Lords, this appeal arises from a refusal by the High Court, Human Rights Division, Accra to strike out an originating motion that sought to invoke the jurisdiction of the High Court under article 33 of the Constitution, 1992. The objection to the Court’s jurisdiction was based on the argument that the motion sought remedies against the 1st respondent/appellant/respondent (1st respondent) in connection with the revocation of the licence of the 3rd respondent pursuant to the Banking and Specialised Deposit-Taking Institutions Act, 2016 (Act 930), which Act has provided for arbitration as the means by which any person aggrieved by the revocation of a licence may seek redress. The High Court held that the provision for redress through arbitration has not foreclosed remedy by invocation of article 33 of the Constitution but the Court of Appeal came to the conclusion that it does. Therefore, the issue for our decision in this appeal is whether arbitration as directed…

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