[2020]DLSC9338June 24, 2020Supreme Court

THE REPUBLIC vs. HIGH COURT, ACCRA EXPARTE: SECURITY AND EXCHANGE COMMISSION FIRST BANC FINANCIAL SERVICE

The Securities and Exchange Commission (SEC) revoked the license of FirstBanc Financial Services on 8th November 2019. FirstBanc filed for judicial review in the High Court challenging the revocation on grounds of lack of due process and breach of administrative justice rights. SEC contended that FirstBanc failed to exhaust statutory internal dispute resolution mechanisms under the Securities Industry Act 2016 (Act 929) before approaching the court.

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TORKORNOO (MRS), JSC:- Background of the Application for Judicial Review in the High Court Section 1(1) of the Securities Industry Act 2016 Act 929 provides for the establishment of the Securities and Exchange Commission (SEC). Section 2 provides for its object as follows: 2. The object of the Commission is to regulate and promote the growth and development of an efficient, fair, and transparent securities market in which investors and the integrity of the market are protected. In the course of its regulatory functions, the SEC revoked the licence of FirstBanc Financial Services (FirstBanc) by letter dated 8th November 2019 for reasons stated in the letter. On 11th November 2019, FirstBanc filed an application for Judicial Review in the High Court for the following reliefs: A. A declaration that the revocation of Applicant’s licence by Respondent is null, void and of no effect for want of compliance with due process and breach of Applicant’s right to administrative justice....