[2000]DLSC2343 • February 9, 2000 • Supreme Court •
BAAFOUR KWAME FANTE ADUAMOA II AND OTHERS vs. NANA GYAKORANG ADU TWUM
The plaintiffs, citizens from Kade, sought a declaration that the defendant, Nana Gyakorang Adu Twum II, was disqualified from acting as chief due to a prior conviction for defrauding by false pretences by the National Public Tribunal. They sought his destoolment, removal from the palace, and an order to render accounts of stool properties. The defendant admitted the conviction but alleged the trial was politically motivated.
read moreACQUAH, JSC: My Lords, the original jurisdiction vested in the Supreme Court by articles 2(1) and 130(1) of the 1992 Constitution 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 — the 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 vrs. Awoonor-Williams, (1969) 2 G&G 438 Tait, vrs Ghana Airways Corporation (1970)2 G & G 527, Yiadom vrs Amaniampong (1981) GLR 3 SC, Edusei vrs Attorney-General (1996-97) SCGLR 1, Edusei vrs. Attorney General (No.2) CM 21/96, 22nd April 1998 SC (unreported), Republic vrs. 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 jurisdictions of a...