Something impressive has been done and we must commend Hon. Godfred Yeboah Dame for lifting the image of the Attorney General Department....
The few years he has served as an AG, he has appeared before the Supreme Court on three occasions on matters of review of the SC own decisions...
The first was in Republic v High Court [ Exparte Attorney General] interested party Exton Cubic Limited. That decision was in respect of the Nyinahini Bauxite brouhaha...
Dissatisfied with the decision of the Supreme Court, the AG went back to the SC court under rule 54 of the Supreme Court rules 1996(CI 16) and told the judges that, they were wrong in their previous decision. The same Supreme Court found favor in the AG's submissions and reviewed its own decision and ruled in favour of the AG....
The second was also the decision in *Republic v High Court [ Exparte AG) Interested Party Stephen Kwabena Opuni*. The previous decision of the SC which sought to prohibit Rtd Justice Clemence Huyenuga from proceeding with Opuni's case was overturned through demonstration of legal prowess by the AG when he appeared before a panel of nine judges.
The recent one being Ezuame Mannan v AG . In that case, the SC struck down section 43 of the Narcotics Commission Act. The AG dissatisfied with the decision went to the Supreme Court for a review of the previous decision of the court... Today, a 5-4 ruling went against the AG..... A very narrow decision.
The truth of the matter is that, it is not easy to challenge a previous decision of the supreme court on review. It takes a smart and bold lawyer to challenge the SC.
This particular herculean task is the reason why rule 54 of the Supreme Court rules 1996 CI 16 provide(s) a high(er)threshold in order to satisfy the court the reason why it should review its previous decision and depart from same in accordance with law.
The rule says that a party must demonstrate exceptional circumstance which he alleges has given rise to a miscarriage of justice for which reason the previous decision must not be allowed to stand on all force. See *Republic v High Court[ Ex parte Abubakr, Ellis Tamakloe v The Republic,*. *Fofie v Zanyo*, *Charpel Hill International v Ghana Revenue Authority*, *Edusei [no.2] v Attorney General*, *Martin Alamisi Amidu v Alfred Agbesi Woyome, Waterville* *BV & Another*.
The truth of the matter is that, even Dr.Obed Asamoah and Mr.Martin Amidu who remain the longest serving AG's could not come this far in their entire years in the AG's department...
This current AG in four years has done more than what you and I can think of.
Dawda Eric
25th May,2023
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