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IN RE YENDI SKIN AFFAIRS; ANDANI
V.
ABUDULAI

(1980) JELR 69251 (CA)

Court of Appeal 16 Apr 1980 Ghana
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- The Court of Appeal held that A.F.R.C.D. 32, which purported to repeal the right of appeal under S.M.C.D. 238, was void as it was published after the Armed Forces Revolutionary Council ceased to exist under the 1979 Constitution, renderin

Case Details

Judges:FRANCOIS JA,EDUSEI JA,EDWARD WIREDU J.A.
Counsel:MISS AKUA ASABEA AYISI FOR THE APPLICANT; APPIAH FOR THE RESPONDENT.
Other Citations:[1980] GLR 283

EDUSEI J.A.

In order to appreciate the reasons for the ruling about to be given, I consider it necessary to set out very briefly the history of this case which has come to be known as the “Yendi Skin Affairs.” A sole committee of inquiry was appointed to probe the Yendi Skin Affairs. The government accepted the findings of the committee and enacted legislation to enforce them. This legislation is the Yendi Skin Affairs Decree, 1974 (N.R.C.D. 299), and it denied the aggrieved person, Mahamadu Abudulai, a right to challenge those findings on appeal. Be that as it may, the Yendi Skin Affairs (Appeal) Decree, 1979 (S.M.C.D. 238), which came into force on 25 May 1979 conferred that right. Accordingly, Mahamadu Abudulai on 9 August 1979 filed an appeal in the registry of the Court of Appeal in the usual and conventional form. Since there were no rules governing such an appeal, Mahamadu Abudulai applied to the court for directions. Both the notice of appeal and the application for directions …

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