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Case brief · Supreme Court

Edusei v Attorney-General

[1996–97] SCGLR 1·Decided 1996·Good law
JurisdictionArticle 33Fundamental rights
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The Supreme Court held that it has no original jurisdiction to enforce an individual’s fundamental human rights. Under Articles 33(1) and 140(2) that jurisdiction belongs to the High Court. The Supreme Court’s original jurisdiction under Articles 2 and 130 covers interpreting and enforcing the Constitution generally, and reaches rights only where a genuine question of interpretation arises.

CourtSupreme Court of Ghana
OutcomeDismissed for want of jurisdiction
Proper forumHigh Court, Article 33(1)
Most severe treatment
Good lawNo negative treatment

Still good law. Later courts have not overruled or doubted it.

Cited by
Edusei v Attorney-General (No 2)Followed
[1998–99] SCGLR 753 · Supreme Court · 1998Review refused; the jurisdiction point was affirmed.
Adjei-Ampofo v Accra Metropolitan AssemblyConsidered
[2007–08] SCGLR 611 · Supreme Court · 2007Separates Article 2 standing from personal rights enforcement.
Bimpong-Buta v General Legal CouncilDistinguished
[2003–04] SCGLR 1200 · Supreme Court · 2003A genuine interpretation question arose, so the court took jurisdiction.