[2002]DLSC1274 • March 20, 2002 • Supreme Court •
TSIKATA vs. ATTORNEY-GENERAL
The plaintiff, Tsatsu Tsikata, former CEO of GNPC, was charged with causing financial loss to the State. Initially arraigned before the Circuit Tribunal, the case was discontinued there and transferred to the so-called 'Fast Track High Court' for trial. The plaintiff challenged the constitutionality and jurisdiction of the Fast Track High Court, claiming it was not established under the 1992 Constitution and thus lacked jurisdiction to try him. He also challenged the validity of a summons issued in the name of the President rather than the Republic.
read moreBamford-Addo JSC. The plaintiff has invoked the exclusive original jurisdiction of the Supreme Court under articles 1(2) and 130(1) of the Constitution, 1992 of Ghana, which gives the Supreme Court exclusive original jurisdiction in all matters relating to the enforcement or interpretation of this Constitution. Article 1 of the Constitution, 1992 provides that: “1. (1) The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this Constitution. 2. This Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.” Article 2 of the Constitution, 1992 has provided how the supreme law is to be enforced. Accordingly, it states: “2. (1) A person who alleges that— (a) an enactment of anything contained in or done, under the auth...