Tuffour v Attorney-General

Sallah v. Attorney General

Banful and Another Vrs Attorney General and Another

Ahuma Ocansey v Electoral Commission; Center for Human Rights and Civil Liberties (CHURCIL) v Attorney-General

Asare v. General Legal Council

NPP v Attorney General (The 31st December Case)

Republic v. State Fishing Corporation Commission Of Enquiry; Ex Parte Bannerman

Republic v. Director of Prisons. Ex Parte Salifa 

Republic v. Director of Special Branch; Ex Parte Salifa (2)

Lardan v Attorney General (1st Case)

Lardan v Attorney General (2nd Case)

Amidu v Kuffour & Others

Dominic Ayine v Attorney General

Brogya Gyamfi v. Attorney General

State v. General Officer Commanding the Ghana Army; Ex Parte Braimah

Miller v Prime Minister v Advocate General for Scotland

Youngstown Co. v. Sawyer (Steel Seizure Case)

Regina (on the application of Miller and another) v Secretary of State for Exiting the European Union

United States v Nixon, 418 US 683

Abu Ramadan & Evans Nimako v. Electoral Commission & The Attorney General; and Kwasi Danso Acheampong v. Electoral Commission & The Attorney General

Sam (No. 2) v Attorney-General

Republic Vrs High Court (General Jurisdiction) Accra; Ex-parte Dr. Rawlings

Ghana Lotto Operators v National Lottery Authority

Asare versus Attorney General (Constitutional Review Commission Case)

Asare v. Attorney General (Swearing-in case)

Abu Ramadan & Evans Nimako v. The Electoral Commission & The Attorney General

Bimpong-Buta v General Legal Council & Others

FEDYAG v Public Universities of Ghana

The Republic v. Maikankan & Others

Re-Akotto and 7 Others

Republic v. The High Court (Ex Parte Zanetor)

Gbedemah v. Awoonor-Williams

Ware v. Ofori-attah & Ors.

Marbury v Madison

Angu v Attah

Bainyi v Dantsi

Tamaklo v Mitchell

Ghana Bar Association v Judicial Council

Asare v Attorney General (Dual Citizenship Case)

Notes on the validity of legal orders. Discusses Kelsen's pure theory of law, criticisms, cases etc.

Coup D'etat and Revolutions: A search for the validity of laws (Grundnorm).

This note discusses the concept of constitutionalism with relevant scholarly insights, Ghanaian cases and constitutional provisions.

Constitutionalism

Barak in Begin and the Rule of Law discussed 3 types of Rule of Law. This note focuses on the formal rule of law.

A Review of Barak's Formal Rule of Law

This note discusses the concept of separation of powers, four assumptions underpinning the concept, and separation of powers in the light of case law.

Separation of Powers

Examines amendment of entrenched and non-entrenched provisions, the role of the arms of gov't in amendment, the basic structure doctrine, limitations in amendment, and the need for amendment. 

Amending the 1992 Constitution

This note provides an introduction to the chieftaincy institution in Ghana by examining the meaning of chief and the evolution of the chieftaincy institution from pre-colonial times to modern Ghana.

Introduction to Chieftaincy and Traditional Authority in Ghana

Examines the jurisdiction of various judicial bodies (courts, houses of chiefs, traditional and divisional councils) in chieftaincy matters.

Chieftaincy Matters and the Question of Jurisdiction in Modern Ghana

This note outlines various events that have shaped 1992 Constitution of Ghana. 

Introduction to Constitutional Evolution (Ghana)

This note discusses the early periods of British involvement with the Gold Coast and the legal effects of the company of merchants, the letters patent, and the committee of merchants. 

The Company of Merchants, Letters Patent, and the Committee of Merchants

This note discusses the legal effects of the British Settlement Act and the Foreign Jurisdiction Act of 1843 in the Gold Coast   

British Settlement Act and Foreign Jurisdiction Act

The True Nature of Constitutional Law

Constitutional Law Past Question (2017)

Constitutional Law Past Question(2015)

F.A.R Bennion discusses the constitutional evolution of Ghana in chapter 1 of Constitutional Law of Ghana

Chapter 1: Constitutional Evolution

1957 Constitution of Ghana

Chapter 2: The Creation of the Republic

Constitutional Law Past Question(Dec, 2015)

Begin and the Rule of Law

Constitutional Law Past Question (Dec, 2016)

Montesquieu's Mistakes and the True Meaning of Separation

Constitutional Law Past Question (2014)

Multiple choice questions and an essay question for practice

Tutorial Questions

Parliamentary Oversight in Ghana

The hugger-mugger of enforcing socio-economic rights in Ghana: A threat to the rights of persons with disabilities

1969 Constitution of Ghana

1960 Constitution of Ghana

An ACT to remove Doubts as to the Exercise of Power and Jurisdiction by Her Majesty within divers Countries and Places out of Her Majesty's Dominions, and to render the same more effectual.

Foreign Jurisdiction Act, 1843

Summary of key constitutional law concepts and cases 

Constitutional Law

Srem-Sai discussed the decision of the single justice of the Supreme Court in the case of Amidu 2. The decision was seen as instituting qui tam, and the author argued a single justice did not have such jurisdiction.

Of a Single Justice of the Supreme Court, the Attorney-General, Amidu and Woyome: Qui Tam? Main Aim: The author set out to discuss whether the ruling of the single justice of the Supreme Court in Amidu v Attorney General, Waterville, and Woyome (herein Amidu 2) amounted to the creation of the writ of Qui Tam, and if so, whether a single justice of the Supreme Court had such jurisdiction. Further, the author explored the “executivisation” of the office of the Attorney General, and suggests ways to solve the consequent problems, including via the writ of qui tam. What is Qui Tam? Conventionally, only the Attorney General can institute criminal and civil proceedings for the Government. Qui Tam is a writ that “allows a private person to prosecute a case, usually involving some pecuniary loss to the King, on behalf of the King without necessarily having recourse to the Attorney-General.” (page. 100). Thus, a private person undertakes a suit on behalf of the Government. Utility of Qui Tam: Allowing private citizens to undertake suits on behalf of the government helps fight rife unlawful behaviour. Persons who undertake a suit on behalf of the government and win are usually given some compensation for their actions. When does Qui Tam Apply? According to the author, qui tam can only apply if it is specifically provided for by law as an exception to the general principle that the Attorney General or state prosecutor is the only party that can undertake suits. Qui Tam in the Gold Coast: While the writ of qui tam was initially common in England, and later abolished, the author asserts that there is not sufficient evidence that qui tam entered the Gold Coast legal system. The lack of evidence regarding qui tam in Ghana led the author to inquire into the jurisdictional basis of the decision in Amidu 2. The case of Amidu 2: In Amidu 1, the plaintiff, Amidu, secured a judgement under article 2(1) from the supreme court instructing Woyome to repay some monies back to the state. Three years after the judgement, no payment had been made. The Attorney General later begun proceedings to enforce the judgement, but later dropped the suit, a decision believed to be motivated by political considerations. In the present case of Amidu 2, Martin Amidu sought to enforce the earlier ruling at the supreme court, and did so as a private citizen. The case in Amidu 2 was entertained by a single justice of the Supreme Court, who ruled that the power given to enforce the constitution under article 2 equally included the power to seek an enforcement of a judgement of the supreme court pursuant to same article 2. This position by the justice was objected to by the Attorney General, who asserted that article 88 gives that power only to the Attorney General. Did the Single Judge of the Supreme Court have Jurisdiction? The authors assert that the decision of the single justice of the court amounted to an interpretation of Article 2 of the constitution, and that only the Supreme Court with at least five justices, as provided for in Article 128(2), can make a final decision on the substantive issue of interpreting Article 2. In the present case, the authors believe the single justice should have stayed proceedings and referred the issue to a Supreme Court consisting of at least five justices as stipulated in article 128(2). The authors also believed that qui tam can only apply if provided for by the legislature, and not by the judiciary. Possible Reasons for the Rule: The authors explored the idea that the ruling of the justice was perhaps a consequence of the temptation to see his office realise their desires of retrieving the monies paid to Woyome. There were also beliefs that the Attorney General, being a member of the Executive, did not find it prudent to have Woyome, a party financier, examined in open court as this could lead to loss of popular support for the NDC. The ruling thus sought to empower private Ghanaians to undertake cases in instances where political considerations may hinder the Attorney General from doing the same. The “Executivisation” of the Office of the Attorney General: The authors traced the history of the establishment of the office of Attorney General to England. The Attorney-General was initially an exclusive legal representative of the King. The office evolved to include the Attorney General being an advisor to the two houses of parliament, drafting and presenting bills amongst others. The authors assert that the office of the Attorney General was derived from the common law during the colonial era. Under the 1960 constitution, the Attorney General was recognized as a member of the executive and subsequent constitutions similarly recognized the Attorney General as an advisor to the Government. When a constitutional review commission was formed in 2010, they concluded that the people of Ghana are satisfied with the current “executivisation” of the office of Attorney General. The author then argued that the ruling of the justice in Amidu 2, respectfully, was not in accordance with the will of the people, as they consented to the current situation regarding the office of the Attorney General. Problems with Executivisation: The main problem with the executivisation of the office of the Attorney General is that political factors may stand in the way of the Attorney General undertaking certain prosecutions, as in the Woyome case where the Attorney General later abandoned the suit. Proposals to Solve the Problem of Executive Corruption: 1. The doctrine of independent aloofness: holds that the AG should be a bit distant from policy debates within government and “should be generally reticent and non-confrontational with respect to party politics”. This is meant to promote the impartiality of the AG. 2. Election of the AG: the author asserts that this was popular in the US in the mid 19th century. Election of the AG is meant to promote independence. 3. The Shawcross principle or principle of “independent of Cabinet”: That the AG should not prosecute matters merely because there is a case, but should do so if prosecuting is in the public interest. In determining what is in the public interest, that political repercussions should be inconsequential. That the AG should undertake prosecutions if he solely deems it necessary. 4. Using the services of a special prosecutor: When the AG feels conflicted, a special prosecutor can be appointed to undertake prosecutions. 5. Qui Tam: that enactments can be passed to allow private citizens undertake prosecutions on behalf of the State.

Of a Single Justice of the Supreme Court, the Attorney-General, Amidu and Woyome; Qui Tam? Main Aim; The author set out to discuss whether the ruling of the single justice of the Supreme Court in Amidu v Attorney General, Waterville, and Woyome (herein Amidu 2) amounted to the creation of the writ of Qui Tam, and if so, whether a single justice of the Supreme Court had such jurisdiction; Further, the author explored the “executivisation” of the office of the Attorney General, and suggests ways to solve the consequent problems, including via the writ of qui tam; What is Qui Tam? Conventionally, only the Attorney General can institute criminal and civil proceedings for the Government; Qui Tam is a writ that “allows a private person to prosecute a case, usually involving some pecuniary loss to the King, on behalf of the King without necessarily having recourse to the Attorney-General;” (page; 100); Thus, a private person undertakes a suit on behalf of the Government; Utility of Qui Tam; Allowing private citizens to undertake suits on behalf of the government helps fight rife unlawful behaviour; Persons who undertake a suit on behalf of the government and win are usually given some compensation for their actions; When does Qui Tam Apply? According to the author, qui tam can only apply if it is specifically provided for by law as an exception to the general principle that the Attorney General or state prosecutor is the only party that can undertake suits;   Qui Tam in the Gold Coast; While the writ of qui tam was initially common in England, and later abolished, the author asserts that there is not sufficient evidence that qui tam entered the Gold Coast legal system; The lack of evidence regarding qui tam in Ghana led the author to inquire into the jurisdictional basis of the decision in Amidu 2; The case of Amidu 2; In Amidu 1, the plaintiff, Amidu, secured a judgement under article 2(1) from the supreme court instructing Woyome to repay some monies back to the state; Three years after the judgement, no payment had been made; The Attorney General later begun proceedings to enforce the judgement, but later dropped the suit, a decision believed to be motivated by political considerations; In the present case of Amidu 2, Martin Amidu sought to enforce the earlier ruling at the supreme court, and did so as a private citizen; The case in Amidu 2 was entertained by a single justice of the Supreme Court, who ruled that the power given to enforce the constitution under article 2 equally included the power to seek an enforcement of a judgement of the supreme court pursuant to same article 2; This position by the justice was objected to by the Attorney General, who asserted that article 88 gives that power only to the Attorney General; Did the Single Judge of the Supreme Court have Jurisdiction? The authors assert that the decision of the single justice of the court amounted to an interpretation of Article 2 of the constitution, and that only the Supreme Court with at least five justices, as provided for in Article 128(2), can make a final decision on the substantive issue of interpreting Article 2; In the present case, the authors believe the single justice should have stayed proceedings and referred the issue to a Supreme Court consisting of at least five justices as stipulated in article 128(2); The authors also believed that qui tam can only apply if provided for by the legislature, and not by the judiciary; Possible Reasons for the Rule; The authors explored the idea that the ruling of the justice was perhaps a consequence of the temptation to see his office realise their desires of retrieving the monies paid to Woyome; There were also beliefs that the Attorney General, being a member of the Executive, did not find it prudent to have Woyome, a party financier, examined in open court as this could lead to loss of popular support for the NDC; The ruling thus sought to empower private Ghanaians to undertake cases in instances where political considerations may hinder the Attorney General from doing the same;   The “Executivisation” of the Office of the Attorney General; The authors traced the history of the establishment of the office of Attorney General to England; The Attorney-General was initially an exclusive legal representative of the King; The office evolved to include the Attorney General being an advisor to the two houses of parliament, drafting and presenting bills amongst others; The authors assert that the office of the Attorney General was derived from the common law during the colonial era; Under the 1960 constitution, the Attorney General was recognized as a member of the executive and subsequent constitutions similarly recognized the Attorney General as an advisor to the Government; When a constitutional review commission was formed in 2010, they concluded that the people of Ghana are satisfied with the current “executivisation” of the office of Attorney General; The author then argued that the ruling of the justice in Amidu 2, respectfully, was not in accordance with the will of the people, as they consented to the current situation regarding the office of the Attorney General; Problems with Executivisation; The main problem with the executivisation of the office of the Attorney General is that political factors may stand in the way of the Attorney General undertaking certain prosecutions, as in the Woyome case where the Attorney General later abandoned the suit; Proposals to Solve the Problem of Executive Corruption; 1.      The doctrine of independent aloofness; holds that the AG should be a bit distant from policy debates within government and “should be generally reticent and non-confrontational with respect to party politics”; This is meant to promote the impartiality of the AG; 2.     Election of the AG; the author asserts that this was popular in the US in the mid 19th century; Election of the AG is meant to promote independence; 3.       The Shawcross principle or principle of “independent of Cabinet”; That the AG should not prosecute matters merely because there is a case, but should do so if prosecuting is in the public interest; In determining what is in the public interest, that political repercussions should be inconsequential; That the AG should undertake prosecutions if he solely deems it necessary; 4.       Using the services of a special prosecutor; When the AG feels conflicted, a special prosecutor can be appointed to undertake prosecutions; 5.       Qui Tam; that enactments can be passed to allow private citizens undertake prosecutions on behalf of the State;

Of a Single Justice of the Supreme Court, the Attorney-General, Amidu and Woyome

Constitutional Law Past Question (Jan, 2018)

1979 Constitution of Ghana

Constitutional Law Past Question (Dec, 2017)

Succeeding at Succeeding: Revolutions, Courts and the Limits of Legality

Jurisprudence of Successful Treason: Coup d'Etat & Common Law 

A rejoinder to the original thesis by Kelsen on the grundnorm and the 1979 Constitution

Constitutional Law

Notes

Cases

Resources