[2001]DLHC1164July 31, 2001High Court

APALOO vs. EDWARD WIREDU

The plaintiff sued the defendant, then Acting Chief Justice of Ghana, challenging his eligibility to serve as a superior court judge and seeking declarations that his original appointment as a High Court judge by the National Liberation Council was wrongful, that any later advancement based on that appointment was void, that his recall to the bench without judicial exoneration from alleged corruption was null, and a perpetual injunction restraining him from acting as a superior court judge. The plaintiff also filed an interlocutory injunction application to restrain the defendant from presenting himself to Parliament for vetting as Chief Justice and to restrain Parliament from vetting him. This is borne out by the opening part of the judgment where the court reproduced the endorsed reliefs and stated that “The crux of the plaintiff’s claim and the application for injunction was that at all material times that the defendant has been working as a superior court judge for the past 30 years or so, he was not qualified to work as such so the President could not have nominated him for the post of Chief Justice of Ghana.”

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JUDGEMENT Appau J. The plaintiff in this action sued the defendant who is presently the Acting Chief Justice of Ghana challenging his eligibility as a superior court judge, and praying for an order to restrain him from working as a superior court judge. The endorsement on the amended writ of the plaintiff indicates the reliefs the plaintiff is seeking. These are: “(1) A declaration that the appointment of the defendant as a judge of the High Court by the National Liberation Council was wrongful. (2) A further declaration that any promotion based on the void appointment is also null and void of no legal consequence. (3) A declaration that the purported recall of the defendant to the bench without judicial adjudication clearing him of corruption, is null and void and of no legal consequence. (4) An order of perpetual injunction restraining the defendant from working as a judge of the superior court of judicature.” The plaintiff attached to the writ an application...