THE REPUBLIC vs. BANK OF GHANA EX-PARTE: HODA HOLDINGS LIMITED

Hoda Holdings Limited, majority shareholder of Unicredit Ghana Ltd, challenged the Bank of Ghana's (BOG) administrative notice declaring Unicredit insolvent and revoking its license as a Specialized Deposit Taking Institution (SDTI). The Applicant contended that BOG failed to provide a hearing before revocation, breaching natural justice and constitutional rights, and that Unicredit was solvent at all material times. BOG argued the revocation was lawful under section 123 of Act 930 due to insolvency and that proper communication was made. The High Court dismissed the application; the Court of Appeal reversed, holding BOG breached procedural requirements under section 16 of Act 930. The Supreme Court restored the High Court's decision, finding BOG acted within its statutory powers and complied with natural justice in substance.

JUDGMENT SACKEY TORKORNOO CJ: Background of facts and law 1] Chapter 5 of the 1992 Constitution deals with fundamental human rights and freedoms. Article 23 of the 1992 Constitution falls within chapter 5 and provides regarding the right to administrative justice: Administrative Justice 23 Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal 2] This power of judicial review over administrative bodies and officials is placed in the hands of the high court under article 140 (2) of the 1992 Constitution. This jurisdiction may be invoked through the original and general jurisdiction of the high court in section 15 (1) (a) of the Courts Act, 1993 Act 459, or the high court's special jurisdiction over Fundamental Human Rights and Freedoms in article 33 (1) ...