[1997]DLSC9952 • February 26, 1997 • Supreme Court •
BRITISH AIRWAYS AND ANOTHER vs. ATTORNEY ¬GENERAL
The plaintiffs, British Airways and an officer of the company, were prosecuted under the External Companies and Diplomatic Missions Acquisition or Rental of Immovable Property Law, 1986 (PNDCL 150) for refusal to pay rent in convertible currency for leased property in Accra. The prosecution commenced in 1995 at the Circuit Tribunal, Accra. Subsequently, PNDCL 150 was repealed by the Statute Law Revision Act, 1996 (Act 516). The plaintiffs challenged the constitutionality of PNDCL 150 and sought orders to discontinue their prosecution, arguing that the repeal rendered the charges invalid and unconstitutional.
read moreJUDGMENT Bamford-Addo JSc. The plaintiffs invoked the original juris¬diction of this court under articles 2(1)(a) and 130 of the Con¬stitution, 1992 for the following reliefs: "(a) A declaration that the provisions of the External Companies and Diplomatic Missions (Acquisition or Rental of Immovable Property) Law, 1986 (PNDCL 150) are inconsistent with the provisions of articles 17(1) and (2), 18(2), 36(4) and 125(3) of the Consti¬tution, 1992 of the Republic of Ghana and conse-quently void for all legal and practical purposes as from 7 January 1993. (b) A declaration that the prosecution by the defendant of the plaintiffs in the Circuit Tribunal, Accra under the said PNDCL 150 by summons issued on 27 of November 1995, with reference No RO 97/95, is unlawful (c) An order directed at the defendant herein requiring him to discontinue the said prosecution (reference No 96/95) in the Circuit Tribunal, Accra and to take no further steps towards prosecuting the plaintiffs under PNDCL ...