[2015]DLSC3035 • December 3, 2015 • Supreme Court •
SAMUEL ATTA-MENSAH AND PROFESSOR STEPHEN KWAKU ASARE vs. THE ATTORNEY-GENERAL AND ANOTHER
The case arose from the Speaker of Parliament's refusal to take and subscribe to the Presidential oath on November 5 and 7, 2014, when both the President and Vice President were out of the country, thereby preventing him from assuming the functions of the President as required under Articles 60(11) and 60(12) of the 1992 Constitution. The plaintiffs sought declarations and orders enforcing the constitutional provisions and challenging the Speaker's refusal.
read moreGBADEGBE JSC: The questions for our decision in the consolidated actions herein by which our interpretive and enforcement jurisdiction is sought arises out of the refusal by the Speaker of Parliament (hereinafter conveniently referred to as the Speaker), to subscribe to the oath of the President when both the President and the Vice- President were out of the country on November 5, 2014 and November 7, 2014 respectively. Subsequently, the plaintiffs in the consolidated actions, at different times caused the writs herein numbered as J1/4/2015 and J1/20/2015 to issue seeking reliefs, which concern the said refusal. At the hearing of the respective actions, in view of the fact that they raised common questions for our decision and arise from the same transaction, we made an order consolidating them for trial. In making the order of consolidation, we were guided by Order 31 rule 2 of the High Court (Civil Procedure Rules) of 2004, (CI 47) by which it is provided: ……“Where two or mo...