005058
94. The Applicant further contends that even though the Supreme Court has supervisory
jurisdiction
invoking
over
decisions
made
by
other
courts,
the review jurisdiction of the Supreme
Moreover,
the decision of the Review Bench
including
Court
its Ordinary
is a specialised
of the Supreme
Bench,
procedure.
Court to truncate the
proceedings and assume jurisdiction over the matter denied him the opportunity to
present his case on the merits before the High Court.
95.The
Respondent
State for its part submits that the Review
Bench
of the Supreme
Court rightly assumed jurisdiction over the matter. According to the Respondent State,
the Supreme
Court, for purposes of hearing and determining any matter within its
jurisdiction, is vested with the power to exercise any authority vested
established
by the Constitution
of Ghana
as provided
under Article
in all courts
129(4)
of the
Constitution.'®
96. The Respondent State further contends that the Supreme Court has the power and
authority
determine
under
the
matters
Constitution
relating
to
as
provided
land,
contract
under
or
Articles
crime
2,
130
which
and
raise
133,
to
issues
of
constitutionality including review of decisions of its Ordinary Bench. The Respondent
State
avers further that when
courts
deliberate
over
matters
that
raise
issues
of
constitutionality, they must halt such deliberations and refer the matter to the Supreme
Court.
97.In this regard, the Respondent
Ordinary
Bench
was
a
State asserts that the first case determined
constitutional
matter
where
Mr.
Amidu,
sought
at the
various
declarations regarding the constitutionality of the contracts between the Respondent
State and companies associated with the Applicant and the violation of Article 181(5)
18 Article 129(4) states that “For the purposes of hearing and determining a matter within its jurisdiction and
the amendment, execution or the enforcement of a judgment or order made on any matter, and for the
purposes of any other authority, expressly or by necessary implication given to the Supreme Court by this
Constitution or any other law, the Supreme Court shall have all the powers, authority and jurisdiction vested
|
in any court established by this Constitution or any other law’.
AC
a