[2001]DLSC1161 • April 25, 2001 • Supreme Court •
AMIDU vs. KUFUOR AND OTHERS
The plaintiff, Martin Amidu, challenged the appointments made by the President of Ghana, John Agyekum Kufuor, of three individuals (third, fourth, and fifth defendants) to positions in the Office of the President without consultation with the Council of State, as required by the Constitution and the Presidential Office Act, 1993 (Act 463). The plaintiff alleged these appointments were unconstitutional and sought declarations and injunctions to restrain the appointments and actions of these individuals.
read moreJUDGEMENT Edward Wiredu Ag CJ. This ruling is the outcome of a preliminary objection raised on behalf of the defendants by the Attorney-General on the following grounds: “(1) this court lacks jurisdiction to entertain the plaintiff’s action against the defendants herein; (2) that no cause of action is disclosed by the plaintiff’s writ and the statement of case; and (3) that the questions raised in the plaintiff’s action for determination are moot; and for such further or other orders as to this honourable court may seem it. Article 11 of the Constitution, 1992 provides as follows: “11. (1) The laws of Ghana shall comprise— (a) this Constitution; (b) enactments made by or under the authority of the Parliament established by this Constitution; (c) any Orders, Rules and Regulations made by any person or authority under a power conferred by this Constitution; (d) the existing law; and (e) the common law.” From the above it will be observed...