MARTIN KPEBU
V.
ATTORNEY-GENERAL

(2016) JELR 68774 (SC)

Supreme Court 5 Dec 2016 Ghana
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- The Supreme Court held that the Statute Law Revision Commissioner acted within the powers conferred by Act 562/1998 in omitting the marital consent defence from s. 42(g) of the Criminal Offences Act, 1960 (Act 29), as the Commissioner’s r

Case Details

Suit Number:CIVIL APPEAL NO. J1/8/2015
Judges:WOOD CJ (MRS) PRESIDING JSC, ADINYIRA (MRS) JSC, DOTSE JSC, ANIN YEBOAH JSC, GBADEGBE JSC, BENIN JSC, AKAMBA JSC
Counsel:MR. MARTIN KPEBU ESQ. FOR HIMSELF; MRS. DOROTHY AFRIYIE ANSAH (CHIEF STATE ATTORNEY) WITH HER VICTORIA ADORTEY (ASSISTANT ATTORNEY) FOR THE DEFENDANT

JUDGEMENT

AKAMBA, JSC

BACKGROUND

Following the adoption of the Constitution of Ghana in 1993, it was considered necessary to clean the statute books of obsolete and unwanted pieces of legislation and to among others, rationalize the titling of legislation in order to bring them in line with the new constitutional democracy.

This was the justification for the bill by which the Statute Law Revision Project (SLRP) was passed in 1998. (See Vol 20 No 23 Parliamentary Debates of 18th December 1998). The Statute Law Revision Commissioner (SLRC) (hereafter simply referred to as Commissioner) was given very far reaching powers to rewrite all the laws in plain English, to bring the language in line with current usage and to be in conformity with the Constitution. The full extent of the powers given the Commissioner would be discussed in this judgment. Ten years after the initiation of the project, seven revised volumes of the ‘Laws of Ghana (Revised Edition)’ were put before Parliament and adopted …

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