REPUBLIC vs. ADU-BOAHEN AND ANOTHER

The National Public Tribunal invokes the jurisdiction of this court by way of case stated under the Supreme Court Rules (CI 13) to seek answers to questions of a constitutional nature arising from a case before it. It must be pointed out that the enabling authority is article 130 of the constitution. CI 13 is merely the machinery of resort for a reference under the said article. Article 130 is as follows: “130(1) Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in - (a) all matters relating to the enforcement or interpretation of this Constitution; and (b) all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution. 130(2) Where an issue that relates to a matter or question referred to in clause (1) of.....