lOMoARcPSD|8757769

CASE Brief - Lecture notes 6

Constitutional law of Ghana and its history (University of Ghana)

StuDocu is not sponsored or endorsed by any college or university

Downloaded by Kenn Ade (churchonepcfs@gmail.com)
 lOMoARcPSD|8757769

2160003644

CASE BRIEF

TITLE: Tuffuor v. Attorney General [1980] G.L.R 637

FACTS: The constitution of 1979 had been implemented. The Chief Justice, Hon. Justice Apaloo
had been nominated by the president to serve as Chief Justice pending parliamentary approval.
After a vetting process, he was rejected to serve in that position. Dr. Tuffuor, the plaintiff filed a
writ against the Speaker of Parliament and the Attorney General before the Court of Appeal
sitting as the Supreme Court

PROCEDURE: The Attorney General raised objectives as to the jurisdiction of the court, the
capacity of the plaintiff and the competency of the Speaker as the first defendant. He submitted
that under section 3 of the Constitution, the court could exercise the powers of the Supreme
Court contained in articles 51, 117, and 118.

ISSUES:

 Whether or not the Chief Justice could be removed under article 127(1) of the
constitution
 Whether or not the Court had jurisdiction to hear the plaintiff’s case
 Whether or not the plaintiff had an interest in the case

HOLDINGS:

 The Chief Justice could be removed by appealing to the provisions of article 128 of the
constitution
 The Court had authority to hear the plaintiff’s case
 The plaintiff did not have private interest in the case as his sole interest was the
Constitution

REASONS:

For as long as the Chief Justice was in office under the constitution, his removal could
not be effected by invoking the necessary provisions of article 128

Downloaded by Kenn Ade (churchonepcfs@gmail.com)

 lOMoARcPSD|8757769

 The Constitution entrusted jurisdiction on the Court to handle issues not within article
118
 It was the constitutional right of the plaintiff as well as of all Ghanaians by provision of
article 1 of the constitution

COMMENTS: In this, case the plaintiff was not seeking his own interest pertaining this issue,
but rather that of the citizens of Ghana.

Downloaded by Kenn Ade (churchonepcfs@gmail.com)