ABSENCE OF PRESIDING OFFICER’S SIGNATURE '...Again article 125(1) of the constitution provides thus: “125. The judicial power of Ghana (1) Justice emanates from the people and shall be administered in the name of the Republic by the Judiciary which shall be independent and subject only to this Constitution.” (e.s) In the case of Tsatu-Tsikata v Attorney General (No. 1) (2001 – 2002) SCGLR 189 the majority of this court held that a criminal summons issued in the Fast Track High Court in the name of the President of Ghana rather than the name of the Republic contravened this provision and was therefore a nullity. This decision was reversed on Review by the majority of this court in Attorney-General (No. 2) v Tsatsu Tsikata (No. 2) (2001-2002) SCGLR 620. At 647 Acquah JSC (with the concurrence of Wiredu C.J, Sophia Akuffo and Afreh JJSC) held poignantly as follows: “Constitutionality of the criminal summons The applicant also complains about the majority‟s holding that the criminal summons served on the respondent was unconstitutional. Now it is true that the criminal summons was inadvertently issued in the name of the President, but what harm or threatened harm did that error cause the plaintiff? Did he as a result of that error go to the castle to answer the call of the President, or when he came to the court, did he find the President of the nation presiding? The plaintiff came to court because he knew it was the court that summoned him, and that whoever issued the criminal summons, obviously made a mistake. The plaintiff suffered absolutely no harm by the error, neither has he demonstrated any. That error was one obviously amendable without prejudice to the rights of the plaintiff-respondent. And the majority‟s declaration on this error was nothing but an exercise in futility.” (e.s)'--Atuguba JSC If THE PRESIDENT VRS TSATSU TSIKATA was an obvious error and such was corrected by the courts at the time,what prevents the SC from summoning those presiding officers who failed to carry out their duty to do so before it? #EMC
Posted on: Wed, 04 Sep 2013 10:22:04 +0000
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