The Re: Akoto and The Supreme Court Revisited - The Judicial Lessons

Details

Category: Law Commentaries

Published Date

Hits: 13387

The Judicial Lessons

The decision in the Re Akoto has been strongly criticised and found to be legally defective and as one; punctuated on politics and executive influence as the Justices that sat on the case, mechanically, flopped, to give holistic effect to the “Letter and the Spirit” of the 1960 Constitution. Today, Ghana has undoubtedly, a Sovereign and Supreme Constitution (see Art 1(1)(2); and 2(1)(2). Now, will the Justices in the ongoing Presidential Petition case be likened to Lord Atkin whose lone view in Liversidge; was that the phrase “reasonable cause” in the statute at hand indicated that the actions of the Secretary were meant to be evaluated by an objective test and therefore, within the court’s purview to determine the reasonableness of his actions? Yes. The decision in the NPP v Attorney-General (The 31 December Case), says so.

Researched and Compiled By Asante Fordjour for The Samaritan Research Group

JusticeGhana