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Ghana Case Law

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Constitutional law [2023] GHASC 43

The Republic Vrs Hc Ex Parte; Opuni

The Republic Vrs Hc Ex Parte; Opuni [2023] GHASC 43 (22 February 2023)

Court
Supreme Court

The application for review was dismissed because the applicant failed to demonstrate any exceptional circumstance or fundamental error in the Supreme Court's prior decision. The Court reaffirmed that the Chief Justice, not the President, has the authority to extend the tenure of a judge under Article 145(4), as previously settled in Ex parte Daniel. The trial judge acted within jurisdiction, did not breach the nemo judex in causa sua rule, and there was no legal basis for review.

Source excerpt

  • Judicial tenure
  • Extension of judicial office
  • Certiorari
  • Prohibition
  • Natural justice
  • Recusal of judges
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Constitutional law Republic Vrs High Court, (criminal Div) Accra: Exparte Opuni [2023] GHASC 10 (22 February 2023)

Republic Vrs High Court,

Republic Vrs High Court, (criminal Div) Accra: Exparte Opuni [2023] GHASC 10 (22 February 2023)

Court
ghasc

The Supreme Court held that the Chief Justice, not the President, has the authority to extend the tenure of a Superior Court judge under Article 145(4) for the purpose of completing pending proceedings. The trial judge acted within jurisdiction, and there was no breach of natural justice or the nemo judex in causa sua rule. The application for review did not raise any new or exceptional circumstances beyond those already considered and dismissed in the original application. Accordingly, the application for review was dismissed as without merit.

Source excerpt

  • Judicial tenure
  • Extension of judicial office
  • Certiorari
  • Prohibition
  • Natural justice
  • Recusal of judges
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Constitutional law [2023] GHASC 50

The Republic Vrs Hc Ex Parte; Opuni

The Republic Vrs Hc Ex Parte; Opuni [2023] GHASC 50 (24 January 2023)

Court
Supreme Court

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 him prior to attaining retirement age. The Chief Justice, not the President, is the proper authority for such extension. There was no breach of binding precedent or natural justice, and the application for certiorari and perpetual injunction was without merit.

Source excerpt

  • Certiorari
  • Perpetual injunction
  • Judicial tenure
  • Jurisdiction
  • Natural justice
  • Bias
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Constitutional law Republic Vrs High Court, Accra: Exparte Opuni [2023] GHASC 5 (24 January 2023)

Republic Vrs High Court, Accra: Exparte Opuni

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

Court
ghasc

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.

Source excerpt

  • Certiorari
  • Perpetual injunction
  • Judicial tenure
  • Jurisdiction
  • Natural justice
  • Bias
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About this LexChat collection

Ghana decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.