REPUBLIC VRS. TETTEVI AND OTHERS (CR/0619/2021) [2025] GHAHC 68 (27 March 2025)

REPUBLIC VRS. TETTEVI AND OTHERS (CR/0619/2021) [2025] GHAHC 68 (27 March 2025)

No real or substantial constitutional issue or ambiguity has arisen in the trial to warrant a reference to the Supreme Court under Article 130(2); the applicant's remedy lies in filing an originating motion before the Supreme Court, not in seeking a reference from the High Court.

Citation
[2025] GHAHC 68
Parties
Prosecution: The Republic; Accused: Raphael Tettevi; Accused: Jasper Mawulolo Agudogo; Accused/applicant: Daniel Yevugah; Accused: Hope Mottey
Court
High Court
Jurisdiction
Ghana
Judgment Date
27 March 2025
Case Number
CR/0619/2021
Procedural Posture
Criminal / Ruling on Application for Reference to Supreme Court Under Article 130(2) of the Constitution
Outcome
Application for reference to the Supreme Court dismissed.
Legal Topics
Prohibited Organisations, Freedom of Expression, Freedom of Association, Constitutional Interpretation, Jurisdiction, Human Rights
Source Language
English
Criminal Law Constitutional Law Prohibited Organisations Freedom of Expression Freedom of Association Constitutional Interpretation Jurisdiction Human Rights

Case Brief

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Parties

The Republic

Prosecution

Raphael Tettevi

Accused

Jasper Mawulolo Agudogo

Accused

Daniel Yevugah

Accused/applicant

Hope Mottey

Accused

Procedural Posture

Criminal / Ruling on Application for Reference to Supreme Court Under Article 130(2) of the Constitution

Legal Issues

  1. 1 Whether the Prohibited Organisations Act, 1976 (SMCD 20) is unconstitutional for violating fundamental rights under the Constitution
  2. 2 Whether the High Court is required to refer the question of constitutionality to the Supreme Court under Article 130(2)

Ratio Decidendi

No real or substantial constitutional issue or ambiguity has arisen in the trial to warrant a reference to the Supreme Court under Article 130(2); the applicant's remedy lies in filing an originating motion before the Supreme Court, not in seeking a reference from the High Court.

Court Disposition

Application for reference to the Supreme Court dismissed.

Orders

  • Application for reference to the Supreme Court is dismissed.
  • Trial to proceed with A1 to open his defence.