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MAHAMA AYARIGA
V.
THE ATTORNEY-GENERAL & 3 ORS

(2024) JELR 112292 (SC)

Supreme Court 19 Jun 2024 Ghana
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- The Supreme Court held that the Government of Ghana may lawfully establish public corporations as commercial ventures under the Companies Act, 2019, pursuant to Article 295(1) of the 1992 Constitution, without requiring an Act of Parliame

Case Details

Suit Number:WRIT NO. J1/20/2022
Judges:G. SACKEY TORKORNOO (MRS.), CJ (PRESIDING) P. BAFFOE-BONNIE, JSC A. LOVELACE-JOHNSON (MS.), JSC PROF. H. J. A MENSA-BONSU (MRS.), JSC E. YONNY KULENDI, JSC S. K. A ASIEDU ,JSC E. Y. GAEWU ,JSC
Counsel:THADDEUS SORY ESQ. FOR THE PLAINTIFF WITH BEATRICE DADSON ESQ. AND BENJAMIN OFORI ESQ. ACE ANAN ANKOMAH ESQ. FOR 3RD DEFENDANT WITH HIM, DAAD AKRASI ESQ. AND PAPA KWAKU ANAN ANKOMAH ESQ. AKAWARI ATENDEM (SENIOR STATE ATTORNEY) FOR 1ST & 2ND DEFENDANTS.

JUDGMENT

ASIEDU JSC:

[1]. Introduction/Reliefs:

My lords, by his writ, the plaintiff herein, suing in his capacity as a Ghanaian and a Member of Parliament for Bawku Central, invokes the original jurisdiction of this court for:

i. A declaration that upon a true and proper construction of the provisions of Articles 190(1)(b), (4) and 192 of the 1992 Constitution of the Republic of Ghana, any and every entity established for commercial purposes or as a commercial venture or in respect of which the Government of the Republic of Ghana is the sole beneficiary of its commercial fortunes, ought to be a public corporation within the meaning of articles 190(1)(b), (4), 192, 297 and 298 of the 1992 Constitution of the Republic of Ghana and must in accordance with the provisions of article  192 of the Constitution, be established by an Act of the Parliament of the Republic of Ghana.

ii. A declaration that the incorporation of the Ghana Amalgamated Trust PLC [third Defendant] in respect of which the G…

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