Ghana Case Law

Centre for Citizenship Constitutional … Electoral Systems LBG (CenCES) v Attorney-General and Others (J1/20/2025)

Centre for Citizenship Constitutional … Electoral Systems LBG (CenCES) v Attorney-General and Others (J1/20/2025) [2025] GHASC 34 (21 May 2025)

Court

Supreme Court

Case number

J1/20/2025

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.

Source excerpt

• Judicial independence
• Removal of chief justice
• Separation of powers
• Due process
• Interlocutory injunction
• Administrative justice

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SOFTTRIBE GHANA LIMITED VRS THE AUDITOR-GENERAL (J4/54/2023)

SOFTTRIBE GHANA LIMITED VRS THE AUDITOR-GENERAL (J4/54/2023) [2025] GHASC 11 (26 February 2025)

Court

Supreme Court

Case number

J4/54/2023

The Supreme Court held that the Auditor-General is constitutionally required to give a hearing to any person, including private entities, who will be directly affected by a disallowance or surcharge under Article 187(7). The right to administrative justice under Article 23 and the right to seek redress under Article 33 are not ousted by the statutory appeal process in Article 187(9). The powers of disallowance and surcharge extend to private persons where wrongdoing, negligence, or misconduct is established. Failure to accord a hearing renders the disallowance a nullity and subject to certior…

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• Disallowance and surcharge
• Right to fair hearing
• Administrative justice
• Judicial review
• Remedies for breach of constitutional rights

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THE REPUBLIC VRS BANK OF GHANA (J4/62/2023)

THE REPUBLIC VRS BANK OF GHANA (J4/62/2023) [2024] GHASC 41 (26 June 2024)

Court

ghasc

The Supreme Court held that Bank of Ghana lawfully revoked Unicredit Ghana Limited's license under section 123 of Act 930 due to insolvency, and was not required to follow the procedures in section 16(3). Extensive communications between Bank of Ghana and Unicredit constituted adequate notice and opportunity to be heard, satisfying the audi alteram partem rule. The revocation was neither arbitrary nor capricious, and the high court's jurisdiction was properly invoked. The Court of Appeal erred by exceeding its remit and misconstruing Act 930. The appeal succeeded, the Court of Appeal's judgme…

Source excerpt

• Judicial review
• Administrative justice
• Natural justice
• Revocation of banking license
• Procedural impropriety

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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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Yelipoie Vrs Barclays Bank Of Ghana Ltd

Yelipoie Vrs Barclays Bank Of Ghana Ltd [2022] GHASC 30 (7 December 2022)

Court

ghasc

The Supreme Court held that the appellant’s claims over demotion-related salary reductions were contractual, not constitutional, and were statute-barred.

• Employment contract
• Demotion
• Statute of limitations
• Constitutional rights
• Administrative justice
• Severability of claims

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Amo-hene Vrs Ghana Revenue Authority & Anor

Amo-hene Vrs Ghana Revenue Authority & Anor [2022] GHASC 103 (30 November 2022)

Court

Supreme Court

The Supreme Court dismissed a constitutional challenge to tax objection and appeal payment requirements, holding the provisions were justified and not unconstitutional.

• Access to justice
• Tax dispute resolution
• Judicial review
• Constitutionality of statutes
• Limitation of rights
• Administrative justice

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The Republic Vrs Social Security and National Insurance Trust & Anor

The Republic Vrs Social Security and National Insurance Trust & Anor [2022] GHASC 69 (15 June 2022)

Court

ghasc

Audit reports ET5 and ET6 did not constitute binding decisions or actions affecting appellant's rights; appellant was given opportunity to comment on relevant findings via EOCO, satisfying the audi alteram partem rule. No breach of natural justice or Article 23 occurred. Certiorari and injunction are not available against internal audit opinions that do not alter rights. The appeal lacks merit both in law and on the facts.

Source excerpt

• Natural justice
• Audi alteram partem
• Certiorari
• Prohibitory injunction
• Supervisory jurisdiction
• Administrative justice

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The Republic Vrs High Court, Accra Exparte: Security and Exchange Commission Firstbanc

The Republic Vrs High Court, Accra Exparte: Security and Exchange Commission Firstbanc [2020] GHASC 113 (24 June 2020)

Court

ghasc

The High Court's assumption of jurisdiction to review administrative acts for conformity with constitutional requirements of administrative justice is not a mistake in law and does not warrant certiorari; any error within jurisdiction is appealable, not subject to supervisory quashing.

Source excerpt

• Judicial review
• Supervisory jurisdiction
• Administrative justice
• Exhaustion of internal remedies

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Republic Vrs High Court, Accra Exparte: Security and Exchange Commission and Another

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

Court

ghasc

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.

Source excerpt

• Judicial review
• Supervisory jurisdiction
• Exhaustion of statutory remedies
• Administrative justice
• Licence revocation

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Republic Vrs High Court, General Jurisdiction , Accra

Republic Vrs High Court, General Jurisdiction , Accra [2020] GHASC 9 (14 January 2020)

Court

ghasc

The Supreme Court reviewed and overturned its earlier certiorari ruling, restoring the High Court order quashing the Minister’s revocation of Exton Cubic’s mining leases.

• Judicial review
• Administrative justice
• Natural justice
• Mineral rights
• Parliamentary ratification
• Certiorari

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