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Ghana decisions
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Republic v High Court, Kumasi and Another (J5/75/2025) [2025] GHASC 48 (23 July 2025)
The High Court, Kumasi, violated the applicant's right to be heard by making an order affecting his statutory rights as Ga Mantse without notice or hearing, rendering its decision and the consequential Court of Appeal decision liable to be quashed by certiorari.
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Jebuni and Another and Badingu v Mwinibankuro and Another (J8/81/2025) [2025] GHASC 46 (23 July 2025)
The majority held that, despite the application being out of time under Rule 7(1) of C.I. 16, the Supreme Court has discretion under Article 131(2) of the Constitution to grant special leave to appeal in the interest of justice, particularly where there is a prima facie error or important legal issue. The application was granted as exceptional circumstances existed. The dissent held that Article 131(2) does not empower the Supreme Court to grant special leave in chieftaincy matters from the National House of Chiefs, and the application was incurably out of time and should be dismissed.
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Taylor v High Court (Commercial Division) (J5/80/2025) [2025] GHASC 47 (22 July 2025)
The Supreme Court quashed a contempt-related arrest warrant, holding that the High Court acted without jurisdiction by issuing it without first hearing the alleged contemnor.
Republic v High Court 3, Koforidua (J5/37/2025) [2025] GHASC 44 (11 June 2025)
The majority held that the election results were gazetted on 24th December 2024, making the petition valid and within time. However, the service of the contempt application on the applicant, who was a Member of Parliament, did not comply with Articles 117 and 118 of the Constitution. Therefore, the conviction for contempt and the bench warrant were quashed, and the trial judge was prohibited from proceeding to sentence the applicant.
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Naaba Kulga I and Another v Ouedraogo II (CR/HCKO/E12/064/25) [2025] GHAHC 153 (4 June 2025)
The position of Moshie Chief in the Awutu Traditional Area does not meet the statutory or constitutional definition of a chief, as it is not hereditary, not tied to a particular family or lineage, and is not recorded in the National Register of Chiefs. Therefore, the dispute does not constitute a cause or matter affecting chieftaincy, and the High Court has jurisdiction to hear the case.
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Torkornoo v S and Others (J8/113/2025) [2025] GHASC 36 (28 May 2025)
The applicant failed to meet the exceptionally high threshold required to injunct the performance of constitutional duties. There was no clear or manifest constitutional violation, nor irreparable harm demonstrated. The allegations regarding the composition of the committee, bias, and the in camera nature of proceedings were either unsubstantiated or matters for determination at the substantive hearing, not at the interlocutory stage. The application was therefore dismissed in its entirety.
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Ofori v Misyl Energy Company Limited (J5/48/2025) [2025] GHASC 38 (27 May 2025)
The Supreme Court prohibited the High Court from hearing contempt proceedings over a restitution order while an appeal against the criminal conviction was pending.
Centre for Citizenship Constitutional … Electoral Systems LBG (CenCES) v Attorney-General and Others (J1/20/2025) [2025] GHASC 34 (21 May 2025)
The majority held that the applicant failed to demonstrate a manifest, clear, and egregious constitutional violation or irreparable harm justifying an interlocutory injunction. The court found that the President's communication, while not detailed, did not on its face invalidate the process, and any alleged procedural irregularities could be addressed through post-facto remedies. The presumption of constitutionality applies, and the balance of convenience favored allowing the constitutional process to proceed.
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Assafuah v S (J1/18/2025) [2025] GHASC 39 (6 May 2025)
The application for interlocutory injunction fails because the factual basis for alleging that the Chief Justice was not notified or given an opportunity to respond before the Council of State's consultation is contradicted by the evidence. The Chief Justice was notified and responded before the prima facie determination. No irreparable harm has been demonstrated, and any constitutional breach can be remedied by declaratory relief if established at trial. The balance of convenience and public interest do not favor halting a constitutional process. Judicial restraint is warranted in interferin…
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REPUBLIC VRS. DISTRICT MAGISTRATE COURT, NKAWKAW, EX-PARTE: ADZADZI (EAS/NKW/HC/F15/02/2025) [2025] GHAHC 73 (17 April 2025)
The High Court at Nkawkaw dismissed an application for certiorari challenging a district court conviction and 18-month sentence, holding that any errors were not reviewable on certiorari and an appeal was the proper remedy.
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