Lawyer sues AG, seeks return of state funds unconstitutionally used for National Cathedral

Private Legal practitioner, Jonathan Amable has sued the Attorney General at the Supreme Court seeking amongst others, an order for all funds unconstitutionally withdrawn from the consolidated fund for the national cathedral to be returned.

The Plaintiff also seeks an interlocutory injunction to restrain the Government of Ghana from undertaking activities such as issuing treasury bills without Parliament’s approval pending the determination of the substantive suit.

Per the court document signed by Selali Woanya, the plaintiff also seeks a declaration that section 30  of the Bank of Ghana Act 2002(Act 612) as amended by the Bank of Ghana(Amendment)Act, 2016(Act 918) is unconstitutional.

He argues that the Government of Ghana, through the Finance Ministry and the Bank of Ghana, has been actively borrowing and creating repayment obligations under the impugned statutory provisions against the constitution.

Additionally, he avers that relevant borrowing contracts are being concluded without the requisite parliamentary approval which makes them liable to be declared unconstitutional.

Mr Amable adds that it is only when the state is restrained by prohibiting it from borrowing funds per Parliamentary approval that the unconstitutionality can be stopped.

He therefore seeks additionally the following;

A declaration that section 61 of the Public Financial Management Act, 2016(Act 921) is inconsistent with, and contravenes article 181(4) of the 1992 Constitution.

A consequential order striking out the relevant offending provisions  from  the Bank of Ghana Act, 2012(Act 612) as amended by the Bank of Ghana(Amendment)Act, 2016(Act 918).

A consequential order for the unwinding  of the USD 1o billion COVID-19 Relief Bond transaction between the Ministry of Finance and the Bank of Ghana on the basis of its unconstitutionality.