Ratio Decidendi



KWAKYE
V.
ATTORNEY-GENERAL

JELR 80450 (SC)    
Supreme Court  ·  Ghana
 · 
Other Citations
[1981] GLR 9-15
CORAM
APALOO C.J., SOWAH, ARCHER, ANIN, CHARLES CRABBE, ADADE AND TAYLOR JJ.S.C.

Ratio Decidendi

Core Terms Beta
ruling of the court
attorney-general
armed forces revolutionary council
statement of his case
mandatory statutory provision
court's original jurisdiction
national press
state proceedings act
constitution of the republic of ghana
special court
only course
details of the trials
supreme court rules
purported sentence
statutory provision
press release
plaintiff
special courts
transitional provisions of the constitution
following words
infringement of the plaintiff
fundamental human rights
appropriate consequential orders
action
notice of intention
such statement
great deal of the argument
accurate picture of the factual position
prison sentence
persons
national newspapers
deputy attorney-general
officer of the attorney-general
factual basis
supreme court
judicial action
costs
court
constitutional provision
decree
defendant
issues of law
rule
virtue of sections
paragraph
plaintiff's case
statement of the plaintiff
section
validity of the purported sentence
official version of the number

APALOO C.J. (Delivered the ruling of the court)

On 5 December 1979, the plaintiff issued out of this court, a writ in which he seeks to invoke this court's original jurisdiction. The relief indorsed in the writ was:

“A declaration that the plaintiff was never tried, convicted or sentenced by any special court established under the Armed Forces Revolutionary Council (Special Courts) Decree, 1979 (A.F.R.C.D. 3), and the purported sentence of 25 years' imprisonment imposed upon the plaintiff as published in the national press on 13 October 1979, is an infringement of the plaintiff's fundamental human rights, inconsistent with chapter 6 of the Constitution of the Republic of Ghana, 1979, void and of no effect.”

In accordance with rule 46 of the Supreme Court Rules, 1970 (C.I. 13), he filed a statement of his case. It is not necessary in this ruling to reproduce that statement in full. But the paragraph that appears material and on which a great deal of the argument addressed to us turned, …

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