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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 4 Feb 2016 Ghana
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- The Supreme Court held that while publication of the contents of a petition for the removal of a superior court judge to persons other than those specified in Article 146(8) of the 1992 Constitution is unconstitutional, such disclosure do

Case Details

Suit Number:CIVIL APPEAL NO. J1/29/2015
Judges:ANSAH JSC (PRESIDING), ANIN YEBOAH JSC, BAFFOE BONNIE JSC, BENIN JSC, AKAMBA JSC
Counsel:NII KPAKPO ADDO WITH HIM SIKA ABLA ADDO AND STEPHEN OPOKU FOR THE PLAINTIFF; KISSI ADJEBENG WITH HIM SETH ASANTE AND AKWAABA ACQUAAH AND DENNIS ADJEBENG FOR THE 1ST DEFENDANT, MRS. AFRIYIE ANSAH (CHIEF STATE ATTORNEY) WITH HER ZEINAB AYARIGA (ASSISTANT STATE ATTORNEY) FOR THE 2ND AND 3RD DEFENDANTS.

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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