MARTIN ALAMISI AMIDU
V.
ATTORNEY GENERAL, ISOFOTON S.A AND ANANE- AGYEI FORSON

(2013) JELR 68601 (SC)

Supreme Court 21 Jun 2013 Ghana
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- The plaintiff, a former Attorney-General of Ghana, filed a lawsuit against the defendants claiming various reliefs related to the approval of international business agreements. - The plaintiff argued that the agreements between the govern

Case Details

Suit Number:CIVIL APPEAL NO. JI/23/2012
Judges:DR. DATE-BAH JSC (PRESIDING), ANSAH JSC, ADINYIRA (MRS) JSC, OWUSU (MS) JSC, DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC ,AKOTO-BAMFO (MRS) JSC
Counsel:PLAINTIFF APPEARS FOR HIMSELF; MRS. SYLVIA ADUSU (PSA) WITH HER MRS. STELLA BADU (PSA) ANNA PEARL ,AKIWUMI SIRIBOE (PSA) AND GRACE OPPONG (SSA) FOR THE 1ST DEFENDANT.,OWUSU-YEBOAH WITH HIM OWUSU-NYAMPONG FOR THE 2ND DEFENDANT.,KIZITO BEYUO FOR THE 3RD DEFENDANT.

JUDGMENT

DR. DATE-BAH JSC

This is the unanimous judgment of the Court. Our esteemed brother Dotse JSC will, however, add some concurring remarks to it. Also, there is a short concurrence from our sister Justice Adinyira, who is unavoidably unable to be with us today, but has consented to our delivering the judgment in her absence.

The Facts

On the 24th day of July 2012, the plaintiff, a former Attorney-General of the Republic of Ghana, issued a writ against the defendants in this case claiming the following reliefs:

“i) A declaration that:

a. On a true and proper interpretation of Article 181 (3) (4) and section 7 of the Loans Act, (Act 335) the laying before and approval on 1st August 2005 of the terms and conditions of the Second Financial Protocol between the Republic of Ghana and the Kingdom of Spain for an amount of sixty-five million Euro (€65,000,000) for the implementation of various development projects and programmes in Ghana did not nullify the effect of Article 181 (5) of the 19…

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