Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1980) JELR 69928 (HC)    
High Court  ·  19 May 1980 ·  Ghana
Other Citations
[1978] GLR 529

Ratio Decidendi

Core Terms Beta
special tribunal
high court
ouster clause
supreme court
armed forces revolutionary council
jurisdiction of this court
mr. j. e. k. appiah
anisminic case
house of lords
court of appeal
special courts
ex parte akosah
parte application
preliminary points of law
decision of the court of appeal
judgment of the special tribunal
mr. e. n. moore
supervisory jurisdiction of the high court
view of the provisions of section
argument of counsel
certiorari’ clause
commissioner of justice
countless generations of common law judges
ex parte application
honourable court
impeccable statement of the principle
issue of a writ of certiorari
light of modern authorities
lord collins
matter of question of law
means of the remedy of certiorari
members of inferior tribunals
one-time attorney-general
order of this court
particular words
present proceedings
relevant provision
said decision
said judgment
said judgment of the special tribunal
single argument
special circuit court
stage of its proceedings
such further order
taylor j.
transitional provisions of the said constitution
view of the illuminating decision of browne j.


On 24 March 1980, Mr. E. N. Moore, a one-time Attorney-General and Commissioner of Justice in this Republic, made an ex parte application for and on behalf of the applicant herein “praying for leave for the issue of a writ of certiorari to quash the judgment of the special tribunal and for such further order or orders as to this honourable court may seem fit.” The judgment of the special tribunal established by section 1 of the Armed Forces Revolutionary Council (Special Tribunal and Other Matters) Decree, 1979 (A.F.R.C.D 23), sought to be questioned was a judgment given against the applicant in a case entitled the Republic v. Bernard Aidoo Forson.

It was a judgment founded on two counts of criminal charges preferred against the applicant. The charges in the counts said to arise from the Archer Report on the Ghana Cocoa Marketing Board Committee of Inquiry are:

(1) Obtaining an advantage by using his official position in the public service contrary to section 3 (1)(a) of the A…

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