JAMES KWABENA BOMFEH JNR.
V.
ATTORNEY GENERAL

(2019) JELR 68896 (SC)

Supreme Court 23 Jan 2019 Ghana
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- The plaintiff is seeking the interpretation and enforcement of provisions of the 1992 Constitution of Ghana. - The plaintiff claims that the government does not have the legal authority to grant or allocate public land for the constructio

Case Details

Suit Number:WRIT NO. J1/14/2017
Judges:ADINYIRA (MRS.) JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS.) JSC, BENIN JSC, MARFUL-SAU JSC
Counsel:AZIZ BAMBA FOR THE PLAINTIFF; GODFRIED YEBOAH DAME DEPUTY ATTORNEY-GENERAL FOR THE DEFENDANT WITH HIM MRS. HELEN ZEWU SOLICITOR GENERAL SYLVESTER WILLIAMS CHIEF STATE ATTORNEY GRACE OPPONG PRINCIPAL STATE ATTORNEY MS YVONNE BANNERMAN SENIOR STATE ATTORNEY MODESTA LEGIPO ASSISTANT STATE ATTORNEY AND ORIEL ASARE BOATENG ASSISTANT STATE ATTORNEY

JUDGMENT

ADINYIRA (MRS.), JSC

The Plaintiff brings this action in his capacity as a citizen of Ghana to seek the interpretation and/or enforcement of provisions of the 1992 Constitution of Ghana pursuant to articles 2(1) and 130(1) thereof, claiming the following reliefs:

1. A declaration that upon a true, combined and contextual interpretation of the letter and spirit of the Constitution, particularly articles 258(1)(a) and (b) and 265 thereof, the Government of Ghana does not possess the legal authority to grant or allocate any public land, and consequently the decision of the Government of Ghana to allocate or grant 6.323 Ha of the public lands of Ghana for the construction of the Ghana National Cathedral to serve as Ghana's Mother Church, is unconstitutional;

2. A declaration that by the core values, basic structure and the nature of the 1992 Constitution of Ghana and upon a combined and contextual interpretation of the letter and spirit of the Constitution, particularly articles 21(1…

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