Republic Vrs High Court, Accra Exparte: Security and Exchange Commission and Another [2020] GHASC 44 (24 June 2020)

Republic Vrs High Court, Accra Exparte: Security and Exchange Commission and Another [2020] GHASC 44 (24 June 2020)

The High Court had jurisdiction to entertain FirstBanc's application for judicial review to enforce constitutional rights to administrative justice, and any alleged error was within jurisdiction and not a patent error of law justifying certiorari. The application for certiorari was therefore misconceived and dismissed.

Citation
Republic Vrs High Court, Accra Exparte: Security and Exchange Commission and Another [2020] GHASC 44 (24 June 2020)
Parties
Applicant: Securities and Exchange Commission; Interested Party: FirstBanc Financial Services
Court
ghasc
Jurisdiction
Ghana
Judgment Date
24 June 2020
Procedural Posture
Civil Motion for Certiorari / Supreme Court Review of High Court's Refusal to Set Aside Judicial Review Application
Outcome
application dismissed
Legal Topics
Judicial Review, Supervisory Jurisdiction, Exhaustion of Statutory Remedies, Administrative Justice, Licence Revocation
Source Language
eng
Administrative Law Constitutional Law Securities Regulation Judicial Review Supervisory Jurisdiction Exhaustion of Statutory Remedies Administrative Justice Licence Revocation

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Parties

Securities and Exchange Commission

Applicant

FirstBanc Financial Services

Interested Party

Procedural Posture

Civil Motion for Certiorari / Supreme Court Review of High Court's Refusal to Set Aside Judicial Review Application

Legal Issues

  1. 1 Whether the High Court erred in assuming jurisdiction over FirstBanc's judicial review application without exhaustion of internal remedies under Act 929
  2. 2 Whether the High Court's decision constituted a fundamental error of law justifying certiorari

Ratio Decidendi

The High Court had jurisdiction to entertain FirstBanc's application for judicial review to enforce constitutional rights to administrative justice, and any alleged error was within jurisdiction and not a patent error of law justifying certiorari. The application for certiorari was therefore misconceived and dismissed.

Court Disposition

application dismissed

Orders

  • Application for certiorari dismissed.