Republic Vrs High Court, Accra: Exparte Opuni [2023] GHASC 5 (24 January 2023)

Republic Vrs High Court, Accra: Exparte Opuni [2023] GHASC 5 (24 January 2023)

The trial judge, Honyenuga JSC, acted within jurisdiction as he was properly granted a six-month extension by the Chief Justice under Article 145(4) to continue proceedings commenced before his retirement. The Chief Justice, not the President, is empowered to grant such extension. There was no breach of natural justice or binding Supreme Court authority, and the facts did not support a finding of bias or lack of jurisdiction.

Citation
Republic Vrs High Court, Accra: Exparte Opuni [2023] GHASC 5 (24 January 2023)
Parties
Applicant: Stephen Kwabena Opuni; 1st Respondent and 1st Interested Party: Attorney-General; 2nd Interested Party: Seidu Agongo; 3rd Interested Party: Agricult Ghana Ltd.
Court
ghasc
Jurisdiction
Ghana
Judgment Date
24 January 2023
Procedural Posture
Civil Motion (certiorari and Perpetual Injunction) / Supreme Court Ruling on Application
Outcome
Application dismissed
Legal Topics
Certiorari, Perpetual Injunction, Judicial Tenure, Jurisdiction, Natural Justice, Bias, Interpretation of Constitution
Source Language
eng
Constitutional Law Judicial Review Criminal Procedure Certiorari Perpetual Injunction Judicial Tenure Jurisdiction Natural Justice +2 more

Case Brief

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Parties

Stephen Kwabena Opuni

Applicant

Attorney-General

1st Respondent and 1st Interested Party

Seidu Agongo

2nd Interested Party

Agricult Ghana Ltd.

3rd Interested Party

Procedural Posture

Civil Motion (certiorari and Perpetual Injunction) / Supreme Court Ruling on Application

Legal Issues

  1. 1 Whether the trial judge acted without jurisdiction after attaining retirement age under Article 145(2)(a) of the 1992 Constitution
  2. 2 Whether the trial judge breached Article 129(3) by not following binding Supreme Court decisions
  3. 3 Whether the trial judge erred in interpreting Articles 139(1)(c) and 145(4) regarding extension of tenure

Ratio Decidendi

The trial judge, Honyenuga JSC, acted within jurisdiction as he was properly granted a six-month extension by the Chief Justice under Article 145(4) to continue proceedings commenced before his retirement. The Chief Justice, not the President, is empowered to grant such extension. There was no breach of natural justice or binding Supreme Court authority, and the facts did not support a finding of bias or lack of jurisdiction.

Court Disposition

Application dismissed

Orders

  • Application for certiorari to quash the High Court ruling is dismissed.
  • Application for perpetual injunction to restrain the trial judge is dismissed.