The Supervisory Jurisdiction of the Supreme Court of Ghana is exercised through the issuance of the Prrogative Orders of

i. Habeas Corpus

ii. Certiorari

iii. Mandamus

iv. Prohibition

v. Quo warranto for the purpose of enforcing or securing the enforcement of its supervisory powers. Discuss any four (4) of these Prrogative Orders. (5 marks each)

(Total – 20 marks)

The Supreme Court of Ghana exercises supervisory jurisdiction under Article 132 of the 1992 Constitution via prerogative orders (writs) to oversee lower courts and bodies. In banking, these ensure fair resolution of disputes, e.g., BoG decisions. I’ll discuss four: Habeas Corpus, Certiorari, Mandamus, and Prohibition.

i. Habeas Corpus (5 marks): This writ commands production of a detained person before court to examine detention legality. Issued for unlawful imprisonment, it protects liberty (Article 14). In practice, used in banking fraud arrests; court orders release if no cause, as in Ex parte Bannerman (1964) GLR 110.

ii. Certiorari (5 marks): Quashes decisions of inferior bodies for jurisdictional errors, bias, or procedural unfairness. Applicant shows grounds; e.g., quashing a tribunal’s banking license revocation if biased. Reinforces judicial review, crucial post-2017 cleanup challenges.

iii. Mandamus (5 marks): Compels public bodies to perform duties, e.g., ordering BoG to issue a report. Requires clear duty and no alternative remedy. In banking, could force a regulator to act on complaints, ensuring accountability.

iv. Prohibition (5 marks): Prevents inferior bodies from exceeding jurisdiction in ongoing matters. Similar to certiorari but preventive; e.g., stopping a court from hearing a banking case outside its powers. Maintains hierarchy, preventing abuse in financial disputes.

These orders uphold rule of law, vital for banking stability.