Two cases to look out for this week at the Supreme Court
James Marshall Belieb on September 17, 2021, filed at the apex court a suit 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.
This week, the Supreme Court of Ghana will sit on Wednesday, June 29, 2022, to adjudicate several matters before it; be it writ or civil appeals.
However, two cases that are due for judgment and cannot be missed are the suit by the Bono Regional Chairman of the NPP, Kwame Baffoe Abronye, and that of a Kumasi-based private legal practitioner, James James Marshall Belieb.
James Marshall Belieb on September 17, 2021, filed at the apex court a suit 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 him, 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 is therefore seeking inter alia;
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.
Also after the five-member Committee led by Prof Ntiamoa-Baidu set up in June 2019 by President Akufo-Addo had recommended the payment of salaries to the first and second ladies and duly approved by parliament, Kwame Baffoe Abronye filed a suit at the Supreme Court in July 2021 seeking inter alia that;
The approval by parliament to pay salaries to the first and Second Ladies is inconsistent with Article 71 clauses 1 and 2 of the 1992 Constitution of the Republic of Ghana and consequently be declared null, void, and unenforceable’’.
That per Article 71(1) and (2); the positions of the First and Second Ladies of Ghana do not fall under the category of Public Office Holders.
Furthermore that per Article 71 of the 1992 constitution of the Republic; the Emolument committee is limited to recommending the salaries and other benefits and privileges of only public officeholders.
