[2001]DLSC2367 • April 25, 2001 • Supreme Court •
MARTIN ALAMISI AMIDU vs. JOHN AGYEKUM KUFUOR, THE ATTORNEY-GENERAL, JAKE OBETSEBI-LAMPTEY, ELIZABETH OHENE AND JOSHUA HAMIDU
The plaintiff challenged the appointment by the President of Ghana of three individuals as staff 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 appointments were alleged to be unconstitutional and void.
read moreEDWARD WIREDU, AG. CHIEF JUSTICE 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 Plaintiffs action against the Defendants herein; (2) That no cause of action is disclosed by Plaintiff's Writ and the Statement of Case; (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 1992 Constitution Provides as follows:— 11. (1) The law of Ghana shall comprise (a) this Constitution; (b) enactment’s made by our 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 that there are five different kinds of laws ...