[2012]DLSC12173 • May 9, 2012 • Supreme Court •
AMEGATCHER vs. ATTORNEY-GENERAL (NO 1) & OTHERS
The plaintiff, Mrs Janet Naakarley Amegatcher, initiated a writ invoking the original jurisdiction of the Supreme Court challenging the constitutionality of the newly created district assemblies under the Local Government Act, 1993 (Act 462). The writ named multiple state organs including the Attorney-General, Speaker of Parliament, and Minister of Local Government as defendants.
read moreATUGUBAJSC delivered the lead ruling of the court. On 6 February 2012, the plaintiff, Mrs Janet Naakarley Amegatcher, issued a writ, invoking the original jurisdiction of this court claiming, in effect, that the newly created district assemblies are unconstitutional. On 29 February 2012 the court raised suo motu, the question as to whether having regard to the provisions of article 88(1) and (5) of the 1992 Constitution, the Speaker of Parliament and the Minister of Local Government have been properly joined to this action. The said article 88(1) and (5) provides as follows: "88(1) There shall be an Attorney-General of Ghana who shall be a Minister of State and the principal legal adviser to the Government. (5) The Attorney-General shall be responsible for the institution and conduct of all civil cases on behalf of the State; and all civil proceedings against the State shall be instituted against the Attorney-General as defendant." The contentions of Nene Amegatcher, counsel ...