[2012]DLSC2676 • May 9, 2012 • Supreme Court •
JANET NAAKARLEY AMEGATCHER vs. ATTORNEY-GENERAL, THE SPEAKER OF PARLIAMENT, THE ELECTORAL COMMISSION AND THE MINISTER OF LOCAL GOVERNMENT
The plaintiff issued 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 defendants including the Attorney-General, the Speaker of Parliament, the Electoral Commission, and the Minister of Local Government. The issue arose whether the Speaker of Parliament and the Minister of Local Government were properly joined as parties, given the provisions of Article 88(1) and (5) of the 1992 Constitution regarding the Attorney-General's role as the sole legal representative of the State in civil proceedings.
read moreATUGUBA, J.S.C: On 6/2/2012 the plaintiff issued a writ invoking the original jurisdiction of this court claiming in effect that the newly created District Assemblies are unconstitutional. On 29/2/2012 the question arose as to whether having regard to the provisions of article 88(1) and (5) the Speaker of Parliament and the Minister of Local Government have been properly joined to this action. Article 88(1) and (5) are 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.” (e.s.) The contentions of Mr. Nene Amegatcher are varied but the main thrust of them is his contention that “... the Attorney-General was never intended to act as legal counsel f...