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TSATSU TSIKATA
V.
ATTORNEY-GENERAL

(2002) JELR 68281 (SC)

Supreme Court 26 Jun 2002 Ghana
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- Supreme Court, on review, overturned its prior 5:4 decision and held that the Chief Justice, acting under Article 139(3) of the 1992 Constitution, has authority to establish divisions of the High Court, including the Fast Track High Court

Case Details

Suit Number:CM NO. 11/2002
Judges:EDWARD WIREDU C.J. (PRESIDING), J.A. BAMFORD-ADDO (MRS.) JSC, A K B AMPIAH JSC, F. Y. KPEGAH JSC, E. D. K. ADJABENG JSC, G. K. ACQUAH JSC, W.A. ATUGUBA JSC, S. A. B. AKUFFO (MS.) JSC, G. L. LAMPTEY JSC, T. K. ADZOE JSC, D. K. AFREH JSC
Counsel:PROF. E.V.O. DANKWA WITH HIM R. S. AGBENOTO FOR RESPONDENT; NANA AKUFO-ADDO ATTORNEY-GENERAL WITH HIM MS. GLORIA AKUFFO,DEP. ATTORNEY-GENERAL OSAFO-SAMPONG DIRECTOR OF PUBLIC ,PROSECUTION AND E.A. ADDO SOLICITOR-GENERAL FOR APPLICANT.

RULING

EDWARD WIREDU, C.J.

My opinion in this review application is expressed in the ruling to be read by my brother Acquah, J.S.C. on our joint behalf.

ACQUAH, J.S.C.

On 28th February 2002, this Court by a 5:4 decision entered judgment for the plaintiff for

1. A declaration that there is no Fast Track Court with jurisdiction to try Criminal cases established under the Constitution of the Republic of Ghana, and there is therefore no constitutional foundation for the plaintiff to be prosecuted before such Court.
2. A declaration that the oral demand by agents of the Defendant to plaintiff to appear before a Fast Track Court, when no such Court for trial is provided for in the Constitution of the Republic of Ghana, is an infringement on Article 125 and 126 of the Constitution establishing the Judiciary.
3. An injunction against the Defendant and their agents restraining them from seeking to proceed with a trial of the Plaintiff before the purported Fast Track Court.
4. A declaration that the s…

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