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GBA sues AG over Supreme Court appointments

"The Ghana Bar Association (GBA) has sued the Attorney General Marietta Brew Appiah Oppong over the appointments"

Source: GHR1/starrfmonline

Posted on : Tue 30 Jun 2015

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The Ghana Bar Association (GBA) has sued the Attorney General Marietta Brew Appiah Oppong over the appointments of Supreme Court judges, Jusice Yaw Apau and Gabriel Pwamang.

The two Supreme Court justices were sworn-in by the President at the Flagstaff House Monday after the Appointment Committee of parliament approved their nomination.

But the GBA led by its President Nene Amegatcher on Tuesday filed a suit seeking to nullify the appointment of Justice Yaw Apau and Gabriel Pwamang as Justices of the apex court.

The other plaintiffs in the case include Justin Amenuvor and Frank Beecham and the defendants are the Attorney General (AG) and the Judicial Council as first and second defendants respectively.

They are therefore seeking four reliefs from the Superior Court of the land on the matter.

The four reliefs are;

1. A declaration that upon true and proper construction of Article 144 clauses (2) and (3) of the 1992 Constitution, all appointments made by the President of the Republic of Ghana to the Supreme Courts are valid only to the extent that such appointments are made in strict accordance with the advice of the 2nd defendant herein, the Judicial Council.

2. A declaration that upon true and proper interpretation of Article 144 (2) and (3) of the 1992 Constitution, a constitutional trust is created in the 2nd defendant herein, the Judicial Council, to make nominations of the person(s) best qualified to serve as Justices of the Superior Courts of Judicature and the 2nd Defendant is required to ensure that such nominations are actually submitted by the President to Parliament for the approval after due consultations with the Council of State

3. A declaration that accordingly, upon true and proper construction of the Article 144 clauses (2) and (3) of the 1992 Constitution the Judicial Council of the Republic of Ghana has a constitutional obligation to specifically advise the President of the Republic of Ghana as to which specific person(s) is/are suitable for appointment to serve as Justice(s) of the Superior Courts of Judicature in accordance with which advice the President is mandatorily required to exercise his powers of appointment.

4. A declaration that an appointment of non-appointment by the President if the Republic of Ghana of a Justice of the Superior Court in a manner out of accord with the advice of the Judicial Council is unconstitutional, null, void and of no effect.

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