REPUBLIC vs. STOOL LANDS BOUNDARIES SETTLEMENT COMMISSION; EX PARTE ASIBU

JUDGMENT OF KORANTENG-ADDOW J. By article 114 (1) of the Constitution, 1979 the judicial power of Ghana is vested in the judiciary, and no organ or agency of the executive or legislature has any final judicial, power. The Stool Lands Boundaries Settlement Decree, 1973 (NRCD 172), s. 4 confers judicial power on the Stool Lands Boundaries Settlement Commissioner to hear and determine questions or disputes relating to the boundaries of stool lands. In this application, Mr. da Rocha has submitted that NRCD 172 is inconsistent with article 114 of the Constitution, 1979 because the commissioner is an organ or agency of the Ministry of Lands which is part of the executive. He has therefore called upon the court to prohibit the commissioner from hearing this case and to refer the matter to the Supreme Court for its opinion. The applicant in this matter is one of the parties in a boundary dispute which is before the commissioner. The dispute is entitled: “In the matter of the boundary di.....