Having the title and name of every Chief Justice on every writ of summons is unconstitutional-Lawyer files action in the Supreme Court
According to the plaintiff, both the letter and spirit of the 1992 constitution of Ghana are breached by the continuing practice which undermines the sovereignty of Ghana because it seems to suggest that sovereignty rather emanates from the holder of the office of Chief Justice.
A Kumasi based private legal practitioner, James Marshall Belieb has today, September 17, 2021, filed a writ at the Supreme Court of Ghana to challenge the long-standing practice where the description CHIEF JUSTICE followed by the name of the occupant of the office appears on every writ of summons issued in Ghana.
According to the plaintiff, both the letter and spirit of the 1992 constitution of Ghana are breached by the continuing practice which undermines the sovereignty of Ghana because it seems to suggest that sovereignty rather emanates from the holder of the office of Chief Justice.
“The Plaintiff states that both the letter and spirit of the 1992 constitution of Ghana are breached by the continuing practice which undermines the sovereignty of the people of Ghana by appearing/seeming to suggest, imply and indicate that sovereignty and justice emanates from the holder of the office of Chief Justice rather than the people of Ghana,”Part of the writ indicates.
He is therefore seeking four(4) main reliefs. They are;
- A declaration that the practice whereby the description “CHIEF JUSTICE” followed by the name of the occupant of the office of Chief Justice which appears on every writ of summons issued in Ghana is wrongful, unlawful, unconstitutional, inconsistent, and in contravention of the preamble, Article 1 and Article 125 of the 1992 constitution of Ghana and ought to cease forthwith.
- A declaration that on a true and proper interpretation o the Preamble, Article 1, Article 2(1) and Article 125 of the 1992 Constitution of Ghana Justice emanates from the people…
- A declaration that Order 2 Rule 3(1) of the High Court(Civil Procedure) Rules, 2004(CI 47) requiring every writ to conform to Form 1 of the Schedule to CI 47 is wrongful, unlawful, unconstitutional, inconsistent with and in contravention of Article 1 and Article 125 of the 1992 constitution of Ghana.
- Such Further order(s) as the Honourable Court may deem fit.
