[2000]DLSC103 • February 9, 2000 • Supreme Court •
ADUAMOA II vs TWUM II
Nana Gyakorang Adu Twum II, Chief of Kade in the Akyem Abuakwa Traditional Area, was convicted by the National Public Tribunal in 1993 for defrauding by false pretences and sentenced to imprisonment and a fine. Subsequently, plaintiffs, claiming to be citizens from Kade, filed a suit invoking the Supreme Court's original jurisdiction under articles 2 and 130(1)(a) of the 1992 Constitution, seeking declarations that the defendant was disqualified from being a chief under article 275 of the Constitution, an order for his destoolment, eviction from the palace, and accounting for stool properties.
read moreJUDGEMENT Acquah JSC. Delivered the ruling of the court. My Lords, the original jurisdiction vested in the Supreme Court under articles 2(1) and 130(1) of the Constitution, 1992 to interpret and enforce the provisions of the Constitution, is a special jurisdiction meant to be invoked in suits raising genuine or real issues of interpretation of a provision of the Constitution, or the enforcement of a provision of the Constitution or a question whether an enactment was made ultra vires Parliament, or any other authority or person by law or under the Constitution: see Gbedemah v Awonoor-Williams. (1969) 2 G&G 438; Tait v Ghana Airways Corporation (1970) 2 G & G 527 Yiadom I v Amaniampong [1981] GLR 3, SC; Edusei v Attorney-General [1996-97] SC GLR 1, on review Edusei v Attorney-General (No 2) [1998-99] SGCLR 753 and Republic v Special Tribunal; Ex parte Akosah [1980] GLR 592, CA. This special jurisdiction is not meant to usurp, or to be resorted to in place of any of the jurisdic...