Ghana Case Law

ELLIASU 3 OTHERS VRS THE ATTORNEY-GENERAL & ANOTHER (C12/09/2021)

ELLIASU 3 OTHERS VRS THE ATTORNEY-GENERAL & ANOTHER (C12/09/2021) [2024] GHAHC 216 (4 July 2024)

Court

ghahc

The applicants’ injuries were caused by indiscriminate gunfire from state security forces during crowd control at the Techiman South Collation Centre. The use of force was not justified under Article 13(2) of the Constitution, as there was no imminent threat to life or property, nor evidence of riot or criminal conduct warranting lethal force. The state violated the applicants’ rights to life and dignity, and is liable to investigate, punish perpetrators, and compensate each applicant.

Source excerpt

• Right to life
• Use of force by law enforcement
• Compensation for personal injury
• State liability
• Crowd control
• Evidence burden

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Republic Vrs Head Ghana Immigration Service

Republic Vrs Head Ghana Immigration Service [2023] GHAHC 329 (19 July 2023)

Court

High Court

The High Court struck out an ex parte human-rights application after finding it was not shown to have been filed within the time limits in Order 67 of C.I. 47.

• Enforcement of fundamental rights
• Time limitation for applications
• Travel restrictions
• Jurisdictional objections
• Fundamental-rights-enforcement
• Time-limits

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Rita Kriba -vrs-africa World Airlines

Rita Kriba -vrs-africa World Airlines [2023] GHACA 19 (2 March 2023)

Court

ghaca

The Respondent's refusal to board the Appellant on account of her disability constituted unlawful discrimination in violation of her constitutional rights to dignity and freedom from discrimination. The justifications offered by the Respondent, including lack of advance notice and alleged safety concerns, were not substantiated and could not override constitutional protections. The breach of contract claim was not properly joined in the human rights enforcement application and was dismissed without prejudice.

Source excerpt

• Discrimination on grounds of disability
• Enforcement of fundamental human rights
• Right to human dignity
• Breach of contract
• Accessibility in air transport

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FRANCIS KWARTENG ARTHUR -VRS- GHANA TELECOM LTD. & 4 OTHERS

FRANCIS KWARTENG ARTHUR -VRS- GHANA TELECOM LTD. & 4 OTHERS [2023] GHACA 80 (16 February 2023)

Court

Court of Appeal

The Court of Appeal upheld damages for a privacy rights violation but set aside a High Court order compelling amendment of EI 63 within a fixed time.

• Right to privacy
• Damages for constitutional violations
• Separation of powers
• Judicial remedies
• Data protection
• Right-to-privacy

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Francis Kwarteng Arthur -vrs- Ghana Telecom Ltd. & 4 Others

Francis Kwarteng Arthur -vrs- Ghana Telecom Ltd. & 4 Others [2023] GHACA 72 (16 February 2023)

Court

Court of Appeal

The Court of Appeal upheld damages for privacy-rights violations in a human rights action, but set aside a High Court order requiring amendment of EI 63 within a timeline.

• Right to privacy
• Damages for human rights violations
• Separation of powers
• Data protection
• Judicial remedies
• Covid-19 emergency measures

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FRANCIS KWARTENG ARTHUR VS GHANA TELECOM CO. LTD & 4 ORS (H1/203/2022)

FRANCIS KWARTENG ARTHUR VS GHANA TELECOM CO. LTD & 4 ORS (H1/203/2022) [2023] GHACA 231 (16 February 2023)

Court

Court of Appeal

Case number

H1/203/2022

The Court of Appeal held that the High Court was within its discretion to award damages for violation of the applicant's right to privacy, even though damages were not specifically pleaded, as the applicant provided unchallenged evidence of personal rights violation. The damages awarded were not excessive. However, the High Court erred in ordering the amendment of the Executive Instrument within a specified timeline, as this exceeded judicial authority.

Source excerpt

• Right to privacy
• Damages for human rights violations
• Separation of powers
• Data protection
• Administrative justice

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The Republic Vrs High Court Ho Ex Parte Attorney General

The Republic Vrs High Court Ho Ex Parte Attorney General [2021] GHASC 171 (30 March 2021)

Court

Supreme Court

The Supreme Court dismissed a review application, holding that human-rights proceedings under Article 33 cannot be used to challenge parliamentary election validity.

• Jurisdiction of high court
• Parliamentary election petitions
• Enforcement of fundamental human rights
• Supervisory jurisdiction of supreme court
• Review of supreme court decisions
• Jurisdiction

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Republic Vrs Baffoe-bonnie and Others

Republic Vrs Baffoe-bonnie and Others [2018] GHASC 40 (7 June 2018)

Court

Supreme Court

An accused person in a summary trial is entitled to comprehensive pre-trial disclosure of all witness statements, documents, and exhibits in the possession of the prosecution, including materials not intended to be tendered, to ensure a fair trial under article 19(2)(e) and (g). The duty to disclose is continuing, must be exercised before trial or within a reasonable time, and is subject to limitations for relevance, privilege, and public interest, with judicial review available. Failure to disclose does not automatically render evidence inadmissible or nullify the trial but may warrant adjou…

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• Fair trial rights
• Pre-trial disclosure
• Summary trial procedure
• Equality before the law

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Turkson and Others Vrs Executive Director Economic and Organised Crime Office

Turkson and Others Vrs Executive Director Economic and Organised Crime Office [2016] GHASC 27 (5 December 2016)

Court

Supreme Court

By majority, the Supreme Court held that the plaintiffs' action was a disguised human rights enforcement claim, not raising genuine issues of constitutional interpretation or enforcement within the exclusive original jurisdiction of the Supreme Court. The reliefs sought were based on clear and unambiguous constitutional provisions under Chapter 5, whose enforcement lies with the High Court. The writ was dismissed for want of jurisdiction.

Source excerpt

• Jurisdiction of supreme court
• Forfeiture of property
• Due process
• Interpretation of constitution
• Economic and organised crime

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