REPUBLIC vs. HIGH COURT, ACCRA, EX PARTE ADJEI [1986]DLSC985

Date	1986-06-23
Suit No.
Citation No.	[1986]DLSC985

SOWAH C.J.

ADADE JSC

TAYLOR JSC

FRANCOIS J.S.C.

AMUA-SEKYI J.A.

NANA OTOAMFOM BEKOE (PETER ADJETEY) FOR THE APPLICANT.

NO APPEARANCE BY OR FOR THE RESPONDENT.

[1986]DLSC985
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

REPUBLIC <o:p></o:p>

{SUPREME COURT, ACCRA} <o:p></o:p>

[1984-86] 2 GLR 511<o:p></o:p>

DATE:
23 JUNE 1986<o:p></o:p>

</div><o:p>&nbsp;</o:p>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

NANA
OTOAMFOM BEKOE (PETER ADJETEY) FOR THE APPLICANT. <o:p></o:p>

NO
APPEARANCE BY OR FOR THE RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

SOWAH C.J., ADADE, TAYLOR, FRANCOIS JJ.S.C. AND AMUA-SEKYI J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF SOWAH C.J.<o:p></o:p>When the
instant application for an order of certiorari to quash the judgment of the
High Court, Accra (in a suit entitled Johnson Complex Ghana Ltd. v. Adjei, High
Court, Accra, 29 May 1985, unreported, per Adadevoh J.) was called, counsel for
the respondent and his client were absent. Counsel for the applicant in moving
his motion raised an objection to the jurisdiction of the court to sit. It must
be observed that the objection was raised without notice to the respondent or
the court. In ordinary circumstances the court would not have entertained the
objection but it thought it was so fundamental that it should be heard. In the
result the objection was overruled and reasons were reserved. The court now
proceeds to give its reasons.<o:p></o:p><o:p>&nbsp;</o:p>The
burden of the objection was that though the Supreme Court exists it is not
functional by reason of an infirmity in its membership. Counsel cited an
analogous situation in which the Judicial Council exists but because its
membership has been abolished the council is not operational. The court thinks
that the analogy is rather far-fetched as there are in being, apart from the
Chief Justice who is a member of the Supreme Court, three justices of the
Supreme Court. Its membership has not been abolished.<o:p></o:p><o:p>&nbsp;</o:p>It
appears to this court that there is confusion of thought somewhere along the
line. It is accordingly necessary to state briefly the history of this court.
The Superior Court of Judicature was established by article 114 of the
Constitution, 1979. And the said article 114 (1) and (5) provides:<o:p></o:p>“114. (1)
The judicial power of Ghana shall be vested in the Judiciary of which the Chief
Justice shall be the Head; and accordingly no organ or agency of the executive
or the legislature shall be given any final judicial power ... (5) The
Judiciary shall consist of the Supreme Court of Ghana, the Court of Appeal and
the High<o:p></o:p><o:p>&nbsp;</o:p>Court of
Justice which shall be the superior courts of record and which shall constitute
one Superior Court of Judicature, and such other inferior Courts and
traditional Courts as Parliament may by law establish.”<o:p></o:p>The
membership of the Supreme Court or the manner in which the Supreme Court is to
be organised for work has nothing to do with the question whether the Supreme
Court exists or not. Article 115 (1) of the Constitution, 1979, provides:<o:p></o:p>“115. (1)
The Supreme Court shall consist of<o:p></o:p>(a) The
Chief Justice, who shall be the president thereof; and<o:p></o:p>(b) Not
less than six other justices of the Supreme Court.”<o:p></o:p>This
provision is not dealing with how the Supreme Court should be organised for the
hearing of a case or cases. It is dealing with the number of judges which
should be made available for use over the entire life of the Constitution. That
language is addressed to the appointing authority. It is telling that authority
what it </main>