[2016]DLSC2825 • July 28, 2016 • Supreme Court •
X-TRA GOLD MINING LIMITED vs. ATTORNEY-GENERAL
In 2009, Parliament enacted the Fees and Charges Miscellaneous Provisions Act, 2009 (Act 793), transferring authority to determine fees and charges under specified enactments to the Minister for Finance. The Minister subsequently issued Legislative Instruments (L.I. 2191, 2206, 2216) fixing ground rent payable on stool lands subject to mineral rights. The Office of the Administrator of Stool Lands invoiced the plaintiff based on these rates. The plaintiff refused payment, challenging the constitutionality of the Minister's authority to amend fees and the role of the Administrator in prescribing ground rent.
read moreBENIN, JSC The facts of this case are quite straight forward but the Plaintiff introduced a lot of material that is irrelevant for the exercise of our jurisdiction for judicial review of legislation that has been properly invoked. Accordingly we shall trim the facts to those required for the purpose of determining the real issue before the court. In 2009, the Parliament of Ghana passed into law the Fees and Charges (Miscellaneous Provisions) Act, 2009 (Act 793). It is a short piece of legislation with only three Sections as follows; “Specified enactments 1. For the enactments specified in the first column of the Schedule and in relation to the revenue items specified in the second column of the Schedule, there is substituted for the fees and charges specified in the third column of the Schedule, the fees and charges specified in the fourth column of the Schedule. Transfer of power 2. (1) The authority conferred under the enactments set out in the first column of the Schedule .....