[1993]DLSC845 • June 28, 1993 • Supreme Court •
REPUBLIC vs. ADU-BOAHEN AND ANOTHER
Professor Adu-Boahen and Mr Kwesi Pratt Jnr were charged at the National Public Tribunal for disobeying summons to testify as witnesses. They refused to plead to the charges, leading the tribunal to enter pleas of 'not guilty' on their behalf. The tribunal's jurisdiction was challenged based on transitional constitutional provisions regarding the continuation of cases partly heard before the 1992 Constitution came into force.
read moreJUDGMENT OF FRANCOIS JSC. The National Public Tribunal invokes the jurisdiction of this court by way of case stated under the Supreme Court Rules, 1970 (CI 13), to seek answers to question 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, 1992. CI 13 is merely the machinery of resort for a reference under the said article: Article 130 of the Constitution of the Constitution, 1992 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 C...