a. Name the Superior Courts of Judicature in Ghana.

b. Describe the original jurisdiction of the highest court. When is it said to be duly constituted.

c. In what manner is a court of competent jurisdiction obliged to interpret a provision of the Constitution or any other law.

a. The Superior Courts of Judicature in Ghana, as established under Article 125 of the 1992 Constitution, are:

  • The Supreme Court
  • The Court of Appeal
  • The High Court (including Regional Tribunals)

b. The highest court is the Supreme Court. Its original jurisdiction, per Article 130, includes:

  • Exclusive jurisdiction in matters relating to the enforcement or interpretation of the Constitution.
  • Cases involving high treason or treason.
  • Supervisory jurisdiction over lower courts via certiorari, mandamus, prohibition, etc.
  • Advisory opinions on constitutional questions referred by the President.

In banking disputes, this might involve interpreting BoG directives under Act 930, such as during the 2019 bank collapses.

The Supreme Court is duly constituted when sitting with not less than five Justices for appeals or constitutional interpretations (Article 128), but for original jurisdiction in constitutional matters, it may require a full bench of seven or more, depending on the case’s gravity.

c. A court of competent jurisdiction is obliged to interpret provisions of the Constitution or any other law using the purposive approach, as mandated by Article 11(2) and judicial precedents like the case of Tuffuor v. Attorney-General. This involves considering the spirit and purpose of the law, historical context, and societal needs, rather than literal interpretation. In banking, this applies to interpreting ambiguous clauses in Act 930, ensuring alignment with economic stability goals post-DDEP. Courts avoid absurdity and promote justice, as in fintech regulations under Act 987.

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