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THE REPUBLIC
V.
HIGH COURT (COMM. DIV.), ACCRA EX-PARTE: THE ATTORNEY GENERAL OF GHANA

(2011) JELR 66308 (SC)

Supreme Court 2 Nov 2011 Ghana
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- The Supreme Court held that the High Court breached Article 130(2) of the 1992 Constitution by failing to refer for interpretation the question of whether a power purchase agreement between the Government of Ghana and a locally incorporat

Case Details

Suit Number:CIVIL APPEAL NO. J5/34/2011
Judges:AKUFFO (MS.)J.S.C (PRESIDING) ,DR. DATE-BAH J.S.C., ADINYIRA (MRS.) J.S.C., GBADEGBE J.S.C. ,AKOTO-BAMFO (MRS.) J.S.C.
Counsel:THE ATTORNEY – GENERAL IN PERSON WITH THE SOLICITOR GENERAL NAANA DONTOH CSA AND GRACE AWOOL SSA FOR THE APPLICANT, MR. ACE ANKOMAH WITH ESTHER D. AGBESI FOR THE INTERESTED PARTIES.

JUDGMENT

SOPHIA A. B. AKUFFO, JSC

Article 181 of the Constitution provides, in part, as follows:-

“(1) Parliament may, by a resolution supported by the votes of a majority of all the members of Parliament, authorise the Government to enter into an agreement for the granting of a loan out of any public fund or public account.

(2) An agreement entered into under clause (1) of this article shall be laid before Parliament and shall not come into operation unless it is approved by a resolution of Parliament.

(3) No loan shall be raised by the Government on behalf of itself or any other public institution or authority otherwise than by or under the authority of an Act of Parliament.

(4) ....

(5) This article, shall with the necessary modifications by Parliament apply to an international business or economic transaction to which the Government is a party as it applies to a loan....”

This is an application invoking the supervisory jurisdiction of the Court for the following reliefs:-

“i. a declaration…

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