Constitutional Law Cases on Constitutionalism Procedural Limitations

Ware v. Ofori-Atta & Others

Court: Court of Appeal

Year: 1959

Principle(s): Procedural limitations. A bill affecting the traditional functions or privileges of chiefs must be referred to the House of Chief in the area of affected chiefs before its second reading in parliament.

Brogya Gyamfi v. Attorney General

Court: Supreme Court of Ghana

Year: 2020

Principle(s): A person who believes an act of government is contrary to some provisions of the constitution, may bring an action in Supreme Court for a declaration to that effect. Procedural Limitation (absence in this case)

Republic v. Director of Prisons. Ex Parte Salifa

Court: High Court

Year: 1968

Principle(s): Substantive limitation, procedural limitation

Ezuame Mannan v. The Attorney-General and Speaker of Parliament

Court: Supreme Court

Year: 2017

Principle(s): 1. The Supreme Court has the power of judicial review, and the independence of Parliament does not affect that power; 2. Ghana operates a constitutional supremacy, not a parliamentary supremacy; 3. The Directive Principles of State Policy are prima facie justiciable; 4. Even if Ghana were to breach an international treaty obligation, such a breach “cannot be said to be the basis for an action against the state for failing in general to promote respect for international law”, as required by Article 40; 5. Failure to follow the procedure for the exercise of legislative authority will lead to a law being null and void. (procedural limitation); 6. When an enactment violates the letter and spirit of the Constitution, it shall be struck down as unconstitutional.

Banful and Another Vrs Attorney General and Another

Court: Supreme Court of Ghana

Year: 2017

Principle(s): Procedural limitation: President ought to obtain parliamentary ratification before entering into an agreement with the government of the United States for the transfer of two suspected terrorists into Ghana.

Republic v. State Fishing Corporation Commission Of Enquiry; Ex Parte Bannerman

Court: Court

Year: 1967

Principle(s): 1. Acting in excess of the powers conferred is ultra vires the instrument conferring the powers. 2. A certiorari will lie to quash acts done in excess of the powers conferred. 3. There is a natural justice rule that an accused should be given a hearing.

Republic v. National House of Chiefs, Kumasi and Another; Ex Parte Kusi-Apea (Constitutionalism Brief)

Court: Court of Appeal

Year: 1984-86

Principle(s): Constitutionalism under military regime, limited to the extent allowed by the military regime itself. Power of courts under a military regime: "The only power which the courts have ever had and still have to declare the laws of a military regime invalid or null and void is in cases where the law itself does not conform to the criteria for validity mandatorily provided for by the military regime itself."

Ghana Bar Association v. Attorney-General and Another (Abban Case)

Court: Supreme Court

Year: 1995-1996

Principle(s): 1. When the constitution provides a special forum for undertaking an action, that forum must be used, and the court will decline jurisdiction if a person seeks to use the court. 2. The court does not have the power to remove a justice of the Supreme Court. 3. Applicability of political question doctrine in Ghana.