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OPUNI
V.
ATTORNEY-GENERAL & THE REGISTRAR, HIGH COURT, CRIMINAL DIV. 1, ACCRA

(2020) JELR 114406 (SC)

Supreme Court 25 May 2020 Ghana
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- The plaintiff, Dr. Stephen Kwabena Opuni, former CEO of Ghana Cocoa Marketing Board, was being prosecuted for criminal offences and challenged the trial High Court judge’s dismissal of his “submission of no case,” alleging the judge made

Case Details

Suit Number:J1/04/2020
Judges:DOTSE JSC (PRESIDING), PWAMANG JSC, KOTEY JSC, OWUSU (MS) JSC, LOVELACE-JOHNSON (MS) JSC, TORKORNOO (MRS) JSC, MENSA-BONSU (MRS) JSC
Counsel:SAMUEL CUDJOE ESQ. WITH HIM JOHNSON NORMESINI ESQ. AND ZEINAB ABDUL AZIZ FOR THE PLAINTIFF. GODFRED DAME YEBOAH (ATTORNEY-GENERAL) WITH HIM ALFRED TUAH YEBOAH (DEPUPTY ATTORNEY-GENERAL), UMMU ZAKARI (PRINCIPAL STATE ATTORNEY) AND LILLY ADDAE MENSAH (SENIOR STATE ATTORNEY) FOR THE DEFENDANTS.

JUDGMENT

MAJORITY OPINION

DOTSE JSC: -

PROLOGUE: -

We begin our decision in this case by referring extensively to the scholarly work of Prof. Kofi Kumado in his book, “A Handbook of the Constitutional Law of Ghana and its History” from pages 282-284 as follows: -

“Finally, by way of emphasis, we note that the position of the Supreme Court on its constitutionality powers under Article 2 (1) and 130 (1), as it has crystallised since the coming into force of the 1992 Constitution, has been succinctly summarised by Justice Akuffo in the Bimpong Buta v General Legal Council & Others, [2003-2004] 2 SCGLR 1206 as follows: -

  1. A person bringing an action under Article 2 of the Constitution 1992 need not demonstrate that he has any personal interest in the outcome of the suit, that he as a citizen of Ghana suffices to entitle him to bring the action (Tufuor v A.G. [1980] GLR, 637 SC and Sam (No.2) v A.G [2000] SCGLR 305).

  2. The “person” referred to in the context of Article 2 includes both natural person…

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