[1993]DLSC4910 • May 25, 1993 • Supreme Court •
KUENYEHIA AND OTHERS vs. ARCHER AND
The Ghana Bar Association challenged the validity of the swearing-in of Supreme Court and Court of Appeal justices by the Chief Justice, contending that the oaths should have been administered by the President as required by the 1992 Constitution. The Chief Justice had administered the oaths following a letter from the President's office designating him to do so. The plaintiffs sought declarations that the swearing-in before the Chief Justice was unconstitutional and void.
read moreOn 23/2/93, the Chief Justice, 1st defendant to this action, armed with a letter dated 22/2/93 from the President’s office, administered the oath of allegiance and the judicial oath to justices of the Supreme Court. Three days later, on 26/2/93, justices of the Court of Appeal were likewise sworn. The Ghana Bar Association complains that in either case the swearing-in was not in conformity with the 1992 Constitution and was null and void. The Association’s first step was to write to the Chief Justice exhibit SC2, dated 4/3/93, explaining in some detail its position. Not receiving any satisfactory response, and apparently teased by the report of a press conference given by the Judicial Secretary, the 2nd defendant, the Association mandated three of its principal officers to institute the present action. In their statement of case, as in the writ of summons filed on 18 March 1993, the three officers describe themselves respectively as the National President, the National Vice-Presi...