Suit challenging use of CJ's name on writ of summons dismissed

The lawyer argued that both the letter and spirit of the 1992 Constitution of Ghana are breached by the continuos practice which undermines the sovereignty of Ghana.

Is allowance instantly strangers applauded

The Supreme Court has dismissed a suit by a private legal practitioner, James Marshall Belieb, which sought to challenge the use of the name of the sitting Chief Justice on all writs of summons.

According to the writ filed on September 17, 2021, Mr. Belieb argued that 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.

He was therefore seeking among others, 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.

Also that a declaration is made 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 and 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.

When the case was called on Wednesday, July 27, 2022, the apex court, presided over by Justice Jones Dotse noted that a member of the panel was absent but had however given his opinion on the court's decision.

In its judgment, the court noted that it finds no merit in the action and thus dismissed same unanimously.

It noted that it will make available the full judgment at the Registry of the court on or before August 31, 2022.

Other members of the panel were; Justice Prof Ashie Kotey, Justice Gabriel Pwamang, Justice Honyenuga, Justice Amadu Tanko and Justice H. Mensa-Bonsu.