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Opinions of Friday, 1 December 2017

Columnist: Benony Tony Amekudzi

Woyome Case: Supreme Court's rejection of African Court ruling was right

Woyome petitioned the African Court after the ICC threw out his petition Woyome petitioned the African Court after the ICC threw out his petition

It is a trite law that the Supreme Court of Ghana is the highest court and has the power to review its own previous decisions and not amenable to any other courts.
That the decisions of any other Supreme Courts from the common law jurisdictions has only persuasive effects and not binding effects.

Therefore, the African Human Rights Court though Ghana is a signatory has no jurisdiction over the Supreme Court of Ghana but has over Ghana as a country.

The Supreme Court ruling was therefore right and correct since the matter raised jurisdictional legal issues and that the African Human Rights Court has no jurisdiction over the Supreme Court of Ghana.

That before a litigant commences a litigation the legal issues to be determined are as follows:

(i) The law that is/was breached
(ii) The legal theory or theories that is/are applicable to the matter
(iii) Which legal forum or court is convenience therefore raised the legal issue of "forum convenience".
(iv) and other legal issues that may arise.

It is therefore in view of the above that the Supreme Court of Ghana, pursuant to articles 128-135 of Ghana 1992 Constitution clearly specified and provided for the powers of Ghana Supreme Court which have to be contrasted with the protocol agreements that established the African Human Rights Court to help bring understanding of the legal issues involved in the matter.

That in view, of the above that the African Human Rights Court has no jurisdiction over the Supreme Court of Ghana and for that matter its decisions are not binding on the Supreme Court of Ghana and that the only.

In conclusion, in the light of above that it is my respectful submission that the Supreme Court of Ghana ruling was proper/right/correct/appropriate under the circumstances, thereto.

Respectfully submitted.
Very truly yours