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GHANA BAR ASSOCIATION AND OTHERS
V.
THE ATTORNEY GENERAL AND JUDICIAL COUNCIL

(2016) JELR 65076 (SC)

Supreme Court 20 Jul 2016 Ghana
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- Held: Under Article 144(2) of the 1992 Constitution of Ghana, the President must seek and consider the advice of the Judicial Council and consult the Council of State before appointing Supreme Court Justices, but is not strictly bound to

Case Details

Suit Number:CIVIL APPEAL NO. J1/26/2015, J1/21/2015 AND J1/22/2015
Judges:ATUGUBA JSC (PRESIDING), AKUFFO (MS) JSC, DOTSE JSC, YEBOAH JSC, GBADEGBE JSC, AKOTO- BAMFO (MRS) JSC, BENIN JSC
Counsel:THADEUS SORY FOR PLAINTIFFS IN WRITS NO. J1/26/2015; ALEXANDER KWABENA AFENYO MARKIN FOR THE PLAINTIFF (WITH HIM KORKOR OKUTU) IN WRIT NO. J1/21/2015., KWASI DANSO ACHEAMPONG FOR HIMSELF IN WRIT NO. J1/22/2015., DR. DOMINIC AYINE (DEPUTY ATTORNEY-GENERAL) FOR THE DEFENDANTS IN ALL THE WRITS WITH HIM MRS. DOROTHY AFRIYIE ANSAH (CHIEF STATE ATTORNEY) MRS. ANGELA HEDO (ASSISTANT STATE ATTORNEY ) AND MS ZEINAB AYARIGA (ASSISTANT STATE ATTORNEY).

JUDGEMENT

ATUGUBA, JSC

These three suits were separately initiated but by reason of certain basic commonalties between them were subsequently consolidated by this court. We now proceed to dispose of them seriatim.

Writ No. J1/26/2015

The plaintiffs by their writ dated the 30th day of June 2015 claim against the defendants as follows:

“1. A declaration that upon a true and proper construction of Article 144 clauses (2) and (3) of the Constitution 1992 all appointments made by the president of the Republic of Ghana to the Superior Courts are valid only to the extent that such appointments are made in strict accordance with the advice of the 2nd Defendant herein, the Judicial Council.
2. A declaration that upon a true and proper interpretation of Article 144 (2) and (3) of the Constitution 1992, a constitutional trust is created in the 2nd Defendant herein, the Judicial Council, to make nominations of persons best qualified to serve as Justices of the Superior Courts of Judicature, and the 2nd

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