[1993]DLSC758 • May 25, 1993 • Supreme Court •
KUENYEHIA AND OTHERS vs. ARCHER AND OTHERS
The case arose from the swearing-in ceremonies of justices of the Supreme Court and Court of Appeal in February 1993, conducted by the Chief Justice rather than the President. The Ghana Bar Association challenged the constitutionality of this act, alleging it violated the 1992 Constitution's provisions on oath administration to superior court judges.
read moreOn 23 February 1993 the Chief Justice, the first defendant to this action, armed with a letter from the President’s office dated 22 February 1993, administered the oath of allegiance and the judicial oath to justices of the Supreme Court. Three days later, on 26 February 1993, justices of the Court of Appeal were likewise sworn. The Ghana Bar Association complains that the said swearing-in are not in conformity with the Constitution, 1992 and are null and void. The association’s first step was to write to the Chief Justice (exhibit SC 2), dated 4 March 1993, explaining in some detail their position. Not receiving any satisfactory response, and apparently teased by the report of a press conference given by the Judicial Secretary, the second defendant (exhibit SC 4), the association, it seems, 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 993, the three officers described themselves re...