[2012]DLSC6398 • October 17, 2012 • Supreme Court •
CENTRE FOR PUBLIC INTEREST LAW vs. THE ATTORNEY-GENERAL
The plaintiff, Centre for Public Interest Law, challenged the President of Ghana's submission of the Master Facility Agreement (MFA) between Ghana and the China Development Bank to Parliament for approval, alleging breaches of constitutional provisions and statutory law. The MFA included a loan agreement with a clause requiring at least 60% of the loan to be used to hire Chinese contractors, which the plaintiff contended was discriminatory and prejudicial to Ghana's economy. The plaintiff sought declarations that the President acted unconstitutionally and an injunction restraining Parliament from approving related agreements.
read moreATUGUBA, AG. C.J The plaintiff by its writ claims as follows: 1. "A declaration that the President of the Republic of Ghana acted in breach of his constitutional obligations under article 40(a), 57(3), 58(1)-(4) and 73 of the Constitution 1992 of the Republic of Ghana when he caused to be submitted to the Parliament of the Republic of Ghana for approval the Agreement between the Republic of Ghana and the China Development Bank known as the Master Facility Agreement. 2. A declaration that the purported approval by the Parliament of the Republic of Ghana of the Agreement between the Republic of Ghana and the China Development Bank known as the Master Facility Agreement is of no effect, null and void to the extent that it was introduced in Parliament in breach of articles 57(3), 58(1)-(4) and 108 of the Constitution 1992 of the Republic of Ghana. 3. A declaration that having submitted to the Parliament of the Republic of Ghana for approval the Agreement between the Republic of G...