ODOI VRS THE SPEAKER OF PARLIAMENT & ANOR (J1/13/2023) [2024] GHASC 62 (18 December 2024)

ODOI VRS THE SPEAKER OF PARLIAMENT & ANOR (J1/13/2023) [2024] GHASC 62 (18 December 2024)

The Supreme Court lacks jurisdiction to exercise judicial review over a bill that has not yet become law. The appropriate time to challenge the constitutionality of a bill is after it has been enacted and assented to by the President. The Plaintiff's action is premature and does not present a justiciable issue for interpretation or enforcement under the Court's exclusive original jurisdiction.

Citation
ODOI VRS THE SPEAKER OF PARLIAMENT & ANOR (J1/13/2023) [2024] GHASC 62 (18 December 2024)
Parties
Plaintiff: Dr. Amanda Odoi; 1st Defendant: The Speaker of Parliament; 2nd Defendant: The Attorney General
Court
ghasc
Jurisdiction
Ghana
Judgment Date
18 December 2024
Procedural Posture
Constitutional Writ / Final Judgment at Supreme Court
Outcome
Plaintiff's action dismissed. Reliefs refused.
Legal Topics
Judicial Review, Separation of Powers, Interpretation and Enforcement of Constitution, Legislative Procedure, Private Members' Bills
Source Language
eng
Constitutional Law Legislative Process Judicial Review Separation of Powers Interpretation and Enforcement of Constitution Legislative Procedure Private Members' Bills

Case Brief

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Parties

Dr. Amanda Odoi

Plaintiff

The Speaker of Parliament

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Constitutional Writ / Final Judgment at Supreme Court

Legal Issues

  1. 1 Whether the Supreme Court's judicial review jurisdiction can be invoked to strike down a Bill not yet assented to as law
  2. 2 Whether the Speaker of Parliament has a constitutional duty to provide an explicit opinion on the fiscal impact of a private member's bill under Article 108
  3. 3 Whether the passage of the Human Sexual Rights and Family Values Bill, 2024, violated Article 108 of the Constitution

Ratio Decidendi

The Supreme Court lacks jurisdiction to exercise judicial review over a bill that has not yet become law. The appropriate time to challenge the constitutionality of a bill is after it has been enacted and assented to by the President. The Plaintiff's action is premature and does not present a justiciable issue for interpretation or enforcement under the Court's exclusive original jurisdiction.

Court Disposition

Plaintiff's action dismissed. Reliefs refused.