The Republic Vrs High Court Ho Ex Parte Attorney General [2021] GHASC 172 (30 March 2021)

The Republic Vrs High Court Ho Ex Parte Attorney General [2021] GHASC 172 (30 March 2021)

The High Court cannot grant reliefs relating to the validity of parliamentary elections unless its jurisdiction is invoked by petition under Article 99 and Section 16 of PNDCL 284; the Supreme Court's decision to quash the High Court's orders was correct and no exceptional circumstances exist to warrant review.

Citation
[2021] GHASC 172
Parties
Applicant/respondent: Attorney General; Interested Party/applicant: Prof. Margaret Kwaku; Interested Party/applicant: Simon Alan Opoku Mintah; Interested Party/applicant: John Kwame Obimpeh; Interested Party/applicant: Godfred Koku Fofie; Interested Party/applicant: Felix Quarshie
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
30 March 2021
Procedural Posture
Civil Motion / Review of Supreme Court Ruling
Outcome
application dismissed
Legal Topics
Jurisdiction, Parliamentary Elections, Certiorari, Review, Fundamental Human Rights
Source Language
English
Constitutional Law Electoral Law Human Rights Jurisdiction Parliamentary Elections Certiorari Review Fundamental Human Rights

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Parties

Attorney General

Applicant/respondent

Prof. Margaret Kwaku

Interested Party/applicant

Simon Alan Opoku Mintah

Interested Party/applicant

John Kwame Obimpeh

Interested Party/applicant

Godfred Koku Fofie

Interested Party/applicant

Felix Quarshie

Interested Party/applicant

Procedural Posture

Civil Motion / Review of Supreme Court Ruling

Legal Issues

  1. 1 Whether the High Court has jurisdiction under Article 33 to grant reliefs relating to parliamentary elections without a petition under Article 99
  2. 2 Whether the Supreme Court erred in quashing High Court orders relating to parliamentary elections
  3. 3 Whether exceptional circumstances exist to warrant review of the Supreme Court's decision

Ratio Decidendi

The High Court cannot grant reliefs relating to the validity of parliamentary elections unless its jurisdiction is invoked by petition under Article 99 and Section 16 of PNDCL 284; the Supreme Court's decision to quash the High Court's orders was correct and no exceptional circumstances exist to warrant review.

Court Disposition

application dismissed

Orders

  • application for review refused
  • Supreme Court's decision of 5th January 2021 stands