[2000]DLSC487 • March 8, 2000 • Supreme Court •
SAM vs. ATTORNEY-GENERAL
The case concerns an application by the Divestiture Implementation Committee (DIC) and Mr Emmanuel Amuzu Agbodo to be joined as co-defendants in a constitutional challenge brought by Joseph Sam against the Attorney-General. The plaintiff challenged the constitutionality of section 15 of the Divestiture of State Interests Implementation Law, 1993 (PNDCL 326), which grants immunity from suit to the State, the Committee, and its members/officers in respect of acts or omissions arising from divestiture activities. The applicants sought joinder on the basis that they are directly affected by the claim and entitled to indemnity under the law.
read moreJUDGEMENT Ampiah JSC. Delivered the ruling of the majority of the court. This is an application by the applicants herein, the Divestiture Implementation Committee (DIC) and Mr Emmanuel Amuzu Agbodo, for an order joining them as co-defendants in the case of Joseph Sam v The Attorney-General suit No 5/98 now pending before the court. The first applicant, the Divestiture Implementation Committee, is “the agency of the government for the implementation of all government policies in respect of divestiture programmes,” and the second applicant is a member and an officer of the first applicant committee. On or about 8 September 1998, the plaintiff in the above-named suit, ie suit No 5/98, invoked the original jurisdiction of this court by issuing a writ for: “A declaration that section 15 of a Divestiture of State Interests (Implementation) Law 1993 (PNDCL 326) is inconsistent with or in contravention of the provisions of articles 140(1) and 293(2) and (3) of the Constitutio...