Constitutional Law

Banful and Another Vrs Attorney General and Another

Court: Supreme Court of Ghana

Year: 2017

Principle(s): Procedural limitation: President ought to obtain parliamentary ratification before entering into an agreement with the government of the United States for the transfer of two suspected terrorists into Ghana.

NPP v Attorney General (The 31st December Case)

Court: Supreme Court

Year: 1994

Principle(s): Any act which contravenes the constitution shall be void to the extent of the inconsistency.

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

Court: Court

Year: 1967

Principle(s): The NLC is limited in substance, the NLC is limited in procedure, the Commission of Enquiry is Limited institutionally.

Republic v. Director of Prisons. Ex Parte Salifa

Court: High Court

Year: 1968

Principle(s): Substantive limitation, procedural limitation

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

Court: High Court

Year: 1968

Principle(s): A person can be arrested without warrant if national security is at stake; the NLC had unlimited powers; A person can be re-arrested after being release on habeas corpus

Lardan v Attorney General (1st Case)

Court: High Court


Principle(s): Civil procedure seeking injunction against a deportation order will hamper the purpose of the Deportation Act, 1957

Lardan v Attorney General (2nd Case)

Court: High Court

Year: 1957


Amidu v Kuffour & Others

Court: Supreme Court of Ghana

Year: 2001-2002

Principle(s): Rule of law: an action can be brought against the president under article 2, but through the Attorney General.

Dominic Ayine v Attorney General

Court: Supreme Court of Ghana

Year: 2020

Principle(s): When a person alleges that an action contravenes the constitution, he can bring an action at the Supreme Court under article 2(1) and 130(1) for a determination

Brogya Gyamfi v. Attorney General

Court: Supreme Court of Ghana

Year: 2020

Principle(s): A person may invoke the original jurisdiction of the supreme court of Ghana if they believe an act is unconstitutional

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

Court: Court

Year: 1967

Principle(s): Absence of substantive limitation.

Miller v Prime Minister v Advocate General for Scotland

Court: The Supreme Court

Year: 2019

Principle(s): Rule of law: the court declared the prime minister's advice to the crown to prorogue parliament unlawful; Judicial Review: the court's adjudication of executive acts deemed to subvert parliamentary sovereignty.

Youngstown Co. v. Sawyer (Steel Seizure Case)

Court: Court of Appeals for the District of Columbia

Year: 1952

Principle(s): The President has no power to issue an order for the seizure of property, but congress has the power; separation of powers

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

Court: UK Supreme Court

Year: 2017

Principle(s): Rule of Law: Ministers are only allowed to give notice of withdrawal to the EU upon statutory authorization; Separation of powers: Legislative authorization is needed prior to ministers giving a formal notice of withdrawal from EU to the Council of the European Union

United States v Nixon, 418 US 683

Court: United States Court of Appeal

Year: 1974

Principle(s): 1. Rule of law: The president does not have absolute immunity. 2. Checks and balances: intra-branch disputes are justiciable

Sam (No. 2) v Attorney-General

Court: Supreme Court of Ghana

Year: 2000

Principle(s): Supremacy of the Constitution; Judicial Review; Locus Standi

Asare versus Attorney General (Constitutional Review Commission Case)

Court: Supreme Court

Year: 2015

Principle(s): The president can propos bills for the amendment of the constitution and engage in activities preparatory to the actual amendment process.

Asare v. Attorney General (Swearing-in case)

Court: Supreme Court

Year: 2004

Principle(s): Swearing in of the speaker as president does not violate separation of powers, as the organs still remain distinct and separate.

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

Court: Supreme Court of Ghana

Year: 5th May, 2016

Principle(s): Judicial Review

The Republic v. Maikankan & Others

Court: Supreme Court, Ghana

Year: 1971

Principle(s): If a lower court thinks that a provision is clear and unambiguous, no reference needs to be made to the supreme court for interpretation of said provision; A jury is not necessary for trial of offences not punishable by death or life imprisonment.

Re-Akotto and 7 Others

Court: Supreme Court

Year: 1961

Principle(s): Rule of law, separation of powers; judicial review

Republic v. The High Court (Ex Parte Zanetor)

Court: Supreme Court of Ghana

Year: 2016

Principle(s): When an issue of interpretation arises in Courts lower than the Supreme Court, the Court ought to stay proceedings and refer the issue to the Supreme Court.

Gbedemah v. Awoonor-Williams

Court: Supreme Court of Ghana

Year: 1969

Principle(s): Judicial Review

Marbury v Madison

Court: U.S Supreme Court

Year: 1803

Principle(s): Judicial Review: An act of congress which violates the constitution, is void; Rule of law: The Secretary of State can be compelled to perform their legally imposed duty.

Angu v Attah

Court: The Supreme Court of the Gold Coast Colony

Year: 1916

Principle(s): Customary law has to be proved in the courts till such a time that the courts take judicial notice of them

Tamaklo v Mitchell

Court: Divisional Court East Province, Accra

Year: 1892

Principle(s): An executive (commissioner) is only protected from court action by section 50 of the Supreme Court Ordinance if they act in their official capacity or truly believed they acted in an official capacity