[2002]DLSC2375 • June 26, 2002 • Supreme Court •
TSATSU TSIKATA vs. ATTORNEY-GENERAL
The plaintiff, Tsatsu Tsikata, challenged the constitutionality of the Fast Track High Court, asserting it was not established under the 1992 Constitution and thus lacked jurisdiction to try criminal cases against him. The Attorney-General defended the Fast Track High Court as a division of the High Court established under Article 139(3) of the Constitution. The plaintiff also challenged the validity of a criminal summons issued in the President's name to appear before the Fast Track Court.
read moreEDWARD WIREDU, C.J.: My opinion in this review application is expressed in the ruling to be read by my brother Acquah, J.S.C. on our joint behalf. ACQUAH, J.S.C.: On 28th February 2002, this Court by a 5:4 decision entered judgment for the plaintiff for 1. A declaration that there is no Fast Track Court with jurisdiction to try Criminal cases established under the Constitution of the Republic of Ghana, and there is therefore no constitutional foundation for the plaintiff to be prosecuted before such Court. 2. A declaration that the oral demand by agents of the Defendant to plaintiff to appear before a Fast Track Court, when no such Court for trial is provided for in the Constitution of the Republic of Ghana, is an infringement on Article 125 and 126 of the Constitution establishing the Judiciary. 3. An injunction against the Defendant and their agents restraining them from seeking to proceed with a trial of the Plaintiff before the purported Fast Track Court. 4. A declaration ...