FRANK AGYEI TWUM
V.
ATTORNEY-GENERAL

(2006) JELR 68390 (SC)

Supreme Court 12 Jul 2006 Ghana
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- The Supreme Court held that, despite a literal reading of Art. 146(6) of the 1992 Constitution, a prima facie case against the Chief Justice must be established—by the President in consultation with the Council of State—before a committee

Case Details

Suit Number:WRIT NO. J1/7/2006
Judges:AKUFFO (MS) J.S.C. (PRESIDING), WOOD (MRS) J.S.C., DR. DATE-BAH J.S.C., PROF. OCRAN J.S.C., ANSAH J.S.C., ASIAMAH J.S.C., ADINYIRA J.S.C.
Counsel:MR. KOFI ASANTI WITH NANA ASANTE BEDIATUO AND MR. ASARE OKYERE ,DARKO FOR PLAINTIFFS. 2ND DEFENDANT IN PERSON

WOOD (MRS), J.S.C.

I have also had the benefit of reading the well reasoned opinion of my learned brother Dr. Date-Bah, J.S.C. I am in full agreement with him on the findings and conclusions reached on the substantive issues raised in this important constitutional matter.

As rightly found by him, the applicant is entitled to only the reliefs (iv), (v) and (vi) of his claim.

DR. DATE-BAH, J.S.C

Preliminary objection

Before dealing with the merits of this case, it is necessary to set out the reasons why this Court on 26th May 2006 rejected the second defendant’s preliminary objection to the composition of the Court.

At the first hearing of this suit, on 9th May 2006, the second defendant orally stated that he objected to the empanelling of this Court by the incumbent Chief Justice, since he had an interest in the outcome of this suit. The Court accordingly ordered him to file the grounds for his objection in writing and adjourned the case to enable this to be done and for the plaintiff to re…

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