Constitutional Supremacy Archives -

Chief Justice defends request for more Supreme Court judges

Chief Justice Gertrude Torkornoo has defended her request for additional Supreme Court judges, citing the overwhelming number of cases the apex court handles. Delivering her closing remarks after the hearing of two lawsuits filed by Broadcast Journalist Richard Dela Sky and Researcher Dr. Amanda Odoi against Parliament’s passage of the anti-gay bill, the Chief Justice […]

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IMANI, Kwesi Aning sue AG over appointments of heads of uniformed security services

The IMANI Centre for Policy and Education, and Professor Kwesi Aning of the Kofi Annan International Peacekeeping Training Centre, have initiated legal proceedings against the Attorney General concerning the appointment processes for leaders of uniformed security agencies. The petitioners have raised issues regarding the practice of new governments discontinuing the tenures of certain institutional heads.

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Case Brief: Ghana Bar Association v. Attorney-General and Abban (Abban Case)

Leave a Comment / Case Briefs / Yaw Nkansah Abankroh

“With great respect to my learned brother, I think this a very simplistic way to consider a serious and deep legal concept like the “”political question”. I have always been of the view that the principle of political question is something which is inherent in the concept of separation of powers where certain functions are

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Case Brief: New Patriotic Party v. Attorney-General (31st December Case)

Leave a Comment / Case Briefs / Yaw Nkansah Abankroh

New Patriotic Party v. Attorney-General[1] (31st December Case) Statement of fact: The Government of the National Democratic Congress on 19th December 1993 announced the observation of 31st December 1993 as a public holiday under an existing law, the Public Holidays Law, 1989 (PNDCL 220). This holiday was in commemoration of the 31st December 1981 revolution

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Case Brief: Tuffour v. Attorney-General

Leave a Comment / Case Briefs / Yaw Nkansah Abankroh

Tuffour v. Attorney-General [1980] GLR 637-667 [1] With the coming into force of the 1979 Constitution, the incumbent Chief Justice, Mr Justice Fred Kwasi Apaloo, was purported to be nominated as Chief Justice by the President of the Republic of Ghana in consultation with the Judicial Council. Parliament purported to vet the said Mr Apaloo

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Case Brief: Re Akoto and 7 Others

Leave a Comment / Case Briefs / Yaw Nkansah Abankroh

Re Akoto and 7 Others[1] Statement of Facts: The appellants were arrested and detained under the Preventive Detention Act, 1958 issued by the Governor General and signed by the minister of interior. They brought a case before the High Court for writs of Habeas Corpus, but the High Court refused them. They subsequently appealed against

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Case Brief: Marbury v. Madison

Leave a Comment / Case Briefs / Yaw Nkansah Abankroh

Marbury v. Madison[1] Introduction: This is a seminal constitutional law case where for the first time in history, on February 24, 1803, the US Supreme Court declared an act of Congress to be unconstitutional, thereby establishing Judicial Review. Background: & Facts: The case occurred in the context of a presidential transition period. The incumbent president,

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