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Mensima VRS Attorney General Brief - 081232

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129 views2 pages

Mensima VRS Attorney General Brief - 081232

Uploaded by

nicholasyeboah80
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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MENSIMA VRS ATTORNEY GENERAL BRIEF

FACTS

In this case, the plaintiff broke away from their old registered co-operative company which

produces akpeteshie and form their own limited liability company producing the same product.

They were harassed by the officers of the co-operative union on the grounds that the plaintiff is

not registered with the co-operative union and for that, does not have any licence to produce the

product as provided by regulation 3(1) of the manufacture and sales regulations. The plaintiff

sued under article 2(1) of the 1992 against the regulation 3(1) as inconsistent with the

constitution(supreme law of the land. Particularly, Article 21(1) of the 1992 constitution which

provides that, “all persons shall have the freedom of joining and exiting an association.

Issue

Whether or not the regulation 3(1) contradicts with the supremacy of the constitution.

Holding

The court held that, the regulation was in contradiction to the supremacy of the constitution.

REASONING

Article 1(2) and 2(1) of the 1992 constitution, establishes the supremacy of the constitution over

all other laws in the country. Therefore, any law or regulation made by an institution or

administrative bodies or persons, which is in contravention to any provision of the 19992

Ghana’s constitution is classified as void. Article 21(1) of the constitution grants every Ghanaian

the freedom of association without restriction for joining or exiting. Therefore, any regulations

which is inconsistent with this provision deforms the provisions under article 1(2) and 2(1) of the
1992 constitution of Ghana and for this reason become void. Though article 11(5) protects

existing laws from being replaced by the existence of the 4th republican constitution, however

our modern system of government establishes the concept of judicial review which makes it

possible for all other laws apart from our constitutional laws to be reviewed if found inconsistent

with the provisions of the current constitution.

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