Biebiel Vrs Daramani and Others [2011] GHASC 51 (4 July 2011)

Biebiel Vrs Daramani and Others [2011] GHASC 51 (4 July 2011)

The majority held that the Supreme Court lacks original jurisdiction to entertain the suit as presented because it is, in substance, an election petition challenging the validity of a Member of Parliament's election, which is within the exclusive jurisdiction of the High Court under Article 99 of the Constitution. The plaintiff should have appealed the Court of Appeal's decision or invoked the Supreme Court's supervisory jurisdiction, not its original jurisdiction. The preliminary objection to jurisdiction is upheld.

Citation
[2011] GHASC 51
Parties
Plaintiff/respondent/respondent: Sumaila Bielbiel; Defendant/appellant/appellant: Adamu Daramani; 2nd Defendant: 2nd Defendant
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
4 July 2011
Procedural Posture
Constitutional Petition / Original Jurisdiction / Ruling on Preliminary Objection to Jurisdiction
Outcome
Preliminary objection to jurisdiction upheld; suit struck out for want of jurisdiction.
Legal Topics
Jurisdiction of Supreme Court, Election Petitions, Interpretation and Enforcement of Constitution, Parliamentary Membership Qualifications
Source Language
English
Constitutional Law Electoral Law Jurisdiction of Supreme Court Election Petitions Interpretation and Enforcement of Constitution Parliamentary Membership Qualifications

Case Brief

Summary, issues, holding and outcome

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Parties

Sumaila Bielbiel

Plaintiff/respondent/respondent

Adamu Daramani

Defendant/appellant/appellant

2nd Defendant

2nd Defendant

Procedural Posture

Constitutional Petition / Original Jurisdiction / Ruling on Preliminary Objection to Jurisdiction

Legal Issues

  1. 1 Whether the Supreme Court has original jurisdiction to entertain the suit as presented by the plaintiff
  2. 2 Whether the plaintiff's claim is, in substance, an election petition determinable only by the High Court under Article 99 of the Constitution
  3. 3 Whether the issues raised involve interpretation or enforcement of the Constitution under Articles 2(1) and 130(1)

Ratio Decidendi

The majority held that the Supreme Court lacks original jurisdiction to entertain the suit as presented because it is, in substance, an election petition challenging the validity of a Member of Parliament's election, which is within the exclusive jurisdiction of the High Court under Article 99 of the Constitution. The plaintiff should have appealed the Court of Appeal's decision or invoked the Supreme Court's supervisory jurisdiction, not its original jurisdiction. The preliminary objection to jurisdiction is upheld.

Court Disposition

Preliminary objection to jurisdiction upheld; suit struck out for want of jurisdiction.

Orders

  • The preliminary objection to the Supreme Court's jurisdiction is upheld.
  • The suit is struck out for want of jurisdiction.