Supreme Court defers judgment on suit against use of CJ's name on writs of summons

The Supreme Court has deferred to July 27, 2022, to give judgment in a suit in which a Kumasi-based private legal practitioner, James Marshall Belieb, is challenging 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.

The lawyer argues 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.

However, when the case was called today, June 29, 2022, again the president of the panel of judges, Justice Jones Dotse noted that the case had to be adjourned because the panel was not properly constituted. 

The applicant is seeking four(4) main reliefs in the case. They are;

1. 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.
2. 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…
3. 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.
4. Such Further order(s) as the Honourable Court may deem fit.