[2023]DLSC16087 • July 19, 2023 • Supreme Court •
DR PAPA KWESI NDUOM & 2 ORS vs BANK OF GHANA & 2 ORS
The appellants, shareholders of the 3rd respondent whose banking license was revoked by the Bank of Ghana (1st respondent), alleged that the revocation process violated their constitutional human rights, including rights to administrative justice, property, and equality. They sought judicial review and various reliefs including declarations, certiorari, mandamus, and injunctions against the Bank of Ghana and other respondents.
read moreJUDGMENT PWAMANG JSC:- My Lords, this appeal arises from a refusal by the High Court, Human Rights Division, Accra to strike out an originating motion that sought to invoke the jurisdiction of the High Court under article 33 of the Constitution, 1992. The objection to the Court’s jurisdiction was based on the argument that the motion sought remedies against the 1st respondent/appellant/respondent (1st respondent) in connection with the revocation of the licence of the 3rd respondent pursuant to the Banking and Specialised Deposit-Taking Institutions Act, 2016 (Act 930), which Act has provided for arbitration as the means by which any person aggrieved by the revocation of a licence may seek redress. The High Court held that the provision for redress through arbitration has not foreclosed remedy by invocation of article 33 of the Constitution but the Court of Appeal came to the conclusion that it does. Therefore, the issue for our decision in this appeal is whether arbitration as dir.....