[2017]DLSC2592 • June 22, 2017 • Supreme Court •
CLAUDE OPPON vs. THE ATTORNEY GENERAL AND COMMISSION OF INQUIRY INTO PAYMENTS FROM PUBLIC FUNDS ARISING FROM JUDGMENT DEBTS AND RELATED PROCESSES
The plaintiff challenged the authority of the Commission of Inquiry into Payments from Public Funds Arising from Judgment Debts and Related Processes (appointed by the President) to review and declare judicial decisions as nullities, particularly concerning two cases: Alfred Agbesi Woyome v. Attorney General and Sky Consult v. Ghana Post Company. The plaintiff contended that the Commission exceeded its jurisdiction and violated the constitutional independence of the judiciary by making findings and recommendations that interfered with judicial decisions, which were subsequently adopted by the Government White Paper.
read moreATUGUBA, JSC:- The plaintiff by his writ herein claims as follows: “1. A declaration that the Commission of Inquiry into payments from public Funds Arising from Judgment Debts and Related Processes appointed by His Excellency the President of the Republic by C.I. 79 on 8th October, 2012 has no lawful authority to reopen, review and/or declare any decision, order or judgment of any court of competent jurisdiction an error of law or a nullity. 2. A declaration that by the findings and recommendations made by the Commission in respect of Suit No. RPC/152/2010- intituled Alfred Agbesi Woyome vrs. The Attorney General and the case intituled Sky Consult vrs. Ghana Post Company the Commission exceeded its jurisdiction and purported to exercise judicial power contrary to Articles 125(1), 3) and (5); 127(1) and (2); 129(1); and 137 of the Constitution of Ghana. 1. A declaration that the ‘findings and recommendations’ of the said Commission on the two cases and the Government White ...