Constitutional Law

The 1960 Republican constitution of

Ghana.
By Gloria Ofori-Boadu
 Relevant Cases.
• In Re Akoto :
• Baffour Akoto and seven others were detained
under the Preventive Detention Act by an order
signed by the Minister of Interior on behalf of
the Governor –General
• After dismissal by a High court of their
application for a writ of habeas corpus, the
appealed to the Supreme court on the grounds
that the PDA no. 17, 1958 was unconstitutional.
 Re Akoto: contd.
• Re-Akoto continued. The PDA 1958 contravened the
fundamental human rights provisions under Article
13 (1) of the 1960 constitution of Ghana.
• Held by the S/ct. That Art. 13 (1) of the 1960
constitution did not provide for fundamental human
rights provisions which are enforceable by the
courts. They were mere declarations by the
President similar to the Coronation oath of the
Queen of England and therefore incapable of
enforcement by a court of law.
 State v Okyere and others (1963) 2 GLR 463.

• The case involved a decision by the Special

Criminal Division of the high court and had Sir
Arku Korsah, CJ, Van lare and Akuffo- Addo JJSC
as the judges. The court after reviewing the
evidence of the case acquitted and discharged
Three of the accused persons namely two CPP
Ministers, Tawiah Adamafio, Ako-Adjei and a
top CPP functionary H. H. Cofie Crabbe.
 State v. Okyere contd.
• In line with his powers to dismiss judges at will
which was conferred on him under art. 44(3)
of the 1960, constitution,
• President Nkrumah summarily dismissed Sir
Arku Korsah from office as the Chief Justice.
 1969 Constitution
• Sallah v Attorney-General
• The above case called for an interpretation by the
Court of appeal sitting as the Supreme Court in 1970
of the word “in any office established” under s9(1) of
the transitional provisions of the 1969 Ghana
constitutions.
• The court by a majority decision rejected the
arguments for a technical interpretation of the word
“in any office established” as was been argued for by
the Attorney-General
 Sallah v. Attorney-General contd.
• The majority rather held that the termination
of the plaintiff’s appointment on 16th Oct.
1967, as manager of a statutory corporation
set up under the Statutory corporation Act of
1961, was ultra vires the 1969 constitution.
 Sallah v. Attorney-General contd.
• According to Bimpong –Buta, the majority held that
word “established” in the context of s 9(1) of the
transitional provisions must be interpreted as
applying to any person who held or acted in any
office which was created, set up or established by
NLC under its establishment proclamation or a
decree of the NLC. Since the plaintiffs appointment
did not fall under any of the above, the termination
of Sallah’s appointment was thus unlawful.
 Gbedemah v Awoonor-Williams

• In the above case, the loosing candidate for the

Keta constituency Awoonor Williams, brought an
action in the Supreme Court for a declaration that
based on Art. 71 (2) (b)( ii) of the 1969 Constitution,
Gbedemah was not qualified to represent the Keta
Constituency as a Member of Parliament because
he had been found guilty of corruption charges by
the Jiagge Commission of Enquiry.
 Gbedemah v Awoonor-Williams
• Gbedemah argued that NLCD 129 and 354 were
against the letter of Art 102 of the 1969 Constitution.
• (Ref G & G edited by Kumado and Gyandoh (2nd Edition
Vol. 1 Part 2.
• Nonetheless the Supreme Court by a majority decision
held that “no decree passed by NLC could have been
struck out as unconstitutional” since s. 13 (3) of the
1969 Transitional provisions, recognised matters
lawfully passed by the NLC. Similar to S 34 (3) of the
1992 Constitution transitional provisions.
 1979 Constitution
• Tuffour v Attorney-General
 Provisional National Defence Council
(Establishment) Proclamation PNDL 42
• Kwaakye v Attorney-General
 1992 Constitution
• Asare v A- Gen
• NPP v A-Gen (31st Dec. Case)
• Ekwam v Pianim
• GBA v A-Gen (Abban Case)