HIS LORDSHIP JUSTICE PAUL UUTER DERY.
V.
TIGER EYE P. I. AND THE HONOURABLE CHIEF JUSTICE OF THE REPUBLIC OF GHANA AND THE ATTORNEY GENERAL

(2016) JELR 65570 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J1/29/2015 ·  4 Feb 2016 ·  Ghana
CORAM
ANSAH JSC (PRESIDING), ANIN YEBOAH JSC, BAFFOE BONNIE JSC, BENIN JSC, AKAMBA JSC
Core Terms Beta
petition
court
proceedings
case
agyei-twum case
chief justice
gba case
procedural fairness
impeachment proceedings
violation of article
chairman of the regional tribunal
committee consisting
consequential order
high court judges
judicial secretary’s press release
members of the council of state
personal facebook page
supreme court
appointed time
case of agyei-twum v
case of ghana bar association v
category of superior court judges
constitutional provision
electoral commission
experiences of other jurisdictions
following words
further impeachment proceedings
important question
judge of the high court of the republic
judicial council
justice of the superior court
justice of the superior court of judicature
justices of the superior courts
justices of the supreme court
majority decision
media of his petition
names of judicial officers
next consider damages
office of a superior court judge
personal law remedies
public viewing of the video
removal of a justice of the superior court
said notification
terms of public disclosure of the contents
unconstitutional act

BENIN, JSC

My Lords, in this case we would have to answer a very important question listed as relief (4) on the writ and also set down by the Plaintiff herein as issue (4) in the memorandum of issues. The question is this: if Article 146(8) of the Constitution is violated in terms of public disclosure of the contents of a petition, does it render the original process, being a petition to the President, null, void and of no effect? This question has been posed because in the case of Ghana Bar Association v. Attorney-General and Another (1995-96) 1GLR 598, hereafter called the GBA case, as well as in the case of Agyei-Twum v. Attorney-General and Akwetey (2005-2006) SCGLR 732, hereafter called the Agyei-Twum case, this question was not addressed and answered even though this constitutional provision featured in both cases. In the Agyei-Twum case the court concluded that since the petition was published to persons other than the President, it was done in violation of Article 146(8) of the…

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