[1980]DLSC1122 • September 23, 1980 • Supreme Court •
TUFFUOR vs. ATTORNEY-GENERAL
The plaintiff sought a declaration that upon the coming into force of the 1979 Constitution, Fred Kwasi Apaloo was deemed to be appointed Chief Justice and president/member of the Supreme Court, and that subsequent nomination and parliamentary vetting rejecting his appointment were unconstitutional and void. The Attorney-General contended that the President's nomination and Parliament's rejection were constitutional acts under article 127(1).
read moreJUDGMENT OF SOWAH J.S.C. Sowah J.S.C. delivered the judgment of the court. The plaintiff is seeking a declaration from this court that: “(a) on the coming into force of the Constitution of the Third Republic on 24 September 1979, Fred Kwasi Apaloo was deemed to have been appointed Chief Justice of the Republic and as such became president and member of the Supreme Court; (b) the purported nomination by the President of the Republic of Fred Kwasi Apaloo for approval by Parliament of his appointment as Chief Justice of the Republic and member of the Supreme Court and his purported vetting and rejection by Parliament as such on 16 August 1980 were each acts effected in contravention of the Constitution and laws of the Republic and were therefore all null and void and of no effect; (c) Fred Kwasi Apaloo remains Chief Justice of the Republic and, thereby, president of the Supreme Court.” The Attorney-General, as solicitor for the defendants stated, inter alia, i...