41. The Applicants by an originating application before this Court contend that the
disciplinary procedure leading to their suspension arising from a petition alleging
misconduct by one Tiger P1 was unlawful. They further argue that their right to
privacy was violated through an illegally obtained electronic audio-visual recording
which formed the basis of the evidence of the allege misconduct contrary to the Data
Protection Act of the Republic of Ghana. Applicants not satisfied with the outcome
of the disciplinary proceedings and the judicial decisions of the various actions they
instituted before the High Courts and the Supreme Court of Ghana; approached this
Court for the enforcement of the alleged violations of their rights to privacy, right to
equality before the law, right to work and right to fair hearing.
42. The Respondent contend that the issues raised in this suit have been finally and
effectively adjudicated upon by the Courts of competent jurisdiction in Ghana and
that bringing it before this Court amounts to an abuse of Court process. That by
assuming jurisdiction, this Court will be turned to an Appellate forum which it
cannot rightly assume. They further contend that the issues in this application are
caught up by the doctrine of res-judicata and therefore the Court lacks the
jurisdiction to hear this case.
43. This Court has in its flourishing jurisprudence held that it lacks the jurisdiction
to sit on appeal over decisions of National Courts. In BAKARY SARRE & 28 ORS V.
THE REPUBLIC OF MALI (2011), ECW/CCJ/JUD/03/11, the Court in determining the
application filed by the Plaintiffs held that:
“The said application substantially seeks to obtain from the Court a reversal
of judgment delivered by the Supreme Court of Mali and seeks to project
the Court of Justice of ECOWAS as a Court of cassation over the Supreme
Court of Mali. Viewed from that angle, the Court declared that it had no
jurisdiction to adjudicate on the matter.”
See also Ocean King v. Republic of Senegal Para 66, pg. 161. This position was
reiterated that it does not compose itself as an appellate court over decisions of
National courts. See SIKIRU ALADE V. FEDERAL REP. OF NIGERIA (2012); MUSA LEO
KEIT V. MALI (2004-2009) pg. 72 Para 26 & DR. JERRY UGOKWE V. FRN & 1 OR,
(2005), ECW/CCJ/JUD/03/05.
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