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MENSAH
V.
ATTORNEY-GENERAL

(1997) JELR 80617 (SC)    

Supreme Court  ·  28 May 1997 ·  Ghana
 · 
Other Citations
[1997-98] 1 GLR 227 - 281
CORAM
AIKINS, CHARLES HAYFRON-BENJAMIN, AMPIAH, ACQUAH AND AKUFFO JJSC.

Ratio Decidendi

Core Terms Beta
court
article
plaintiff
minister
attorney-general
deputy minister
deputy minister of state
prior approval
deputy ministers
political question doctrine
incumbent minister
nana akufo-addo
speaker of parliament
approval of such minister
chief justice warren
competence of other organs of government
leave of the court
ministers of state
nature of the case
proper interpretation of the constitution
provisions of the constitution
second parliament of the fourth republic of his appointment
standing orders of parliament
statement of case
term of office of ministers
appointments committee of parliament
article makes
articles of the constitution
decision of the court
duty of the appointments committee of parliament
house of mr kwame peprah
leader of parliament
mean assessmen
ministerial appoint
minister of finance
new relief
petitioner powell
resolution of parliament
said ministers
statement of claim
such terms
supreme court rules
terms of the motion paper
view of the pendency of the action
view of the previous parliamentary approval
words of wisdom

AIKINS JSC.

Lord Patrick Devlin in his renowned book entitled The Judge (1979) at p 4 stated:

"If a judge leaves the law and makes his own decision, even if in substance they are just, he loses the protection of the law and sacrifices the appearance of impartiality which is given by adherence to the law. He expresses himself personally to the dissatisfied litigant and exposes himself to criticism. But if the stroke is inflicted by law, it leaves no sense of individual injustice; the losing party is not a victim who has been singled out; it is the same for everybody he says. And how many a defeated litigant has salved his wounds with the thought that the law is an ass."

It is with these words of wisdom operating on my mind that I have set off on the journey of writing this opinion.

Introduction

On 7 February 1997 the plaintiff issued out a writ against the defendant claiming a declaration that:

"(i) on a true and proper interpretation of the Constitution, particularly articles 57(3), 5…
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