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TSIKATA
V.
CHIEF JUSTICE & ATTORNEY-GENERAL

(2002) JELR 67014 (SC)

Supreme Court 18 May 2002 Ghana
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- The plaintiff filed a writ seeking interpretation and enforcement of certain provisions of the Constitution. - The plaintiff sought declarations that certain practice directions and requirements for the composition of the Supreme Court we

Case Details

Judges:AMPIAH JSC, ACQUAH JSC, ATUGUBA JSC, AKUFFO JSC, LAMPTEY JSC
Counsel:PROF E V O DANKWAH FOR THE PLAINTIFF-APPLICANT; NANA AKUFO-ADDO ATTORNEY-GENERAL (WITH HIM MS GLORIA AKUFFO DEPUTY ATTORNEY-GENERAL OSAFO SAMPONG DIRECTOR OF PUBLIC PROSECUTIONS AND S Y ANIM CHIEF STATE ATTORNEY) FOR THE DEFENDANT RESPONDENTS.

JUDGEMENT

AMPIAH JSC. Delivered the judgment of the court.

On 11 February 2002 this court, by a majority of five to four, gave judgment for the plaintiff herein in a suit entitled, Tsatsu Tsikata v. Attorney-General—writ No 2/2002. Whereupon the Attorney-General, the defendant in that suit filed a motion for review of the decision of the court. The motion for review is yet to be heard but the plaintiff herein, in the interim, has filed this instant writ invoking the court’s original jurisdiction under articles 2(1) and 130(1) of the Constitution, 1992. In this writ the plaintiff seeks interpretation and enforcement of the Constitution, 1992 by:

“(1) A declaration that on a true and correct interpretation of articles 125(4) and 128(1) and (2) of the Constitution, 1992 all available justices of the Supreme Court do not have ‘a constitutional right to sit’ ‘where practicable and especially in constitutional matters’, nor do ‘at least seven justices of the Supreme Court’ have such a right a…

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