Ouster Clauses Explained

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Questions and Answers

What is the primary function of an ouster clause?

To enhance the jurisdiction of the court

To remove the jurisdiction of the court over certain matters (correct)

To provide additional legal remedies

To allow appeals to be made in the courts

Which type of ouster clause completely extinguishes a victim's right to go to court?

Ouster clauses that destroy jurisdiction (correct)

Arbitration clauses

Special ouster clauses

Ouster clauses that postpone jurisdiction

What is the legal presumption regarding clauses that oust court jurisdiction?

There is a general presumption against absolute ousting (correct)

They must be approved by the highest court

They are always enforceable

They can only exist in statutes

Which statement about ouster clauses in private documents is accurate?

They are generally viewed as null and void Signup and view all the answers

What is a characteristic of ouster clauses that postpone jurisdiction?

They often require arbitration before court action Signup and view all the answers

What statutory provision is cited as an example of a special kind of ouster clause?

Stool Lands Boundaries Settlement Decree, 1973 Signup and view all the answers

Which of the following best describes the special kinds of ouster clauses?

They confer jurisdiction on bodies other than ordinary courts Signup and view all the answers

What was the outcome of the Stool Lands Boundaries Settlement Decree, 1973?

It has been repealed Signup and view all the answers

What was the stance of Justice Bamford Addo regarding the celebration of the coup?

It was an act that precluded judicial review. Signup and view all the answers

In the case of Donkor v The Republic, what was the main issue being contested?

The recovery of two cars seized by the government. Signup and view all the answers

What is the significance of Section 34 (1) in the context of the transitional provisions?

It grants immunity to past government officials. Signup and view all the answers

Why have some argued against the inclusion of indemnity provisions in the transitional provisions?

They think it undermines the rule of law. Signup and view all the answers

What is one of the identified needs for ouster clauses?

To ensure quicker resolution of political offences. Signup and view all the answers

What does the indemnity in Section 34 (1) lack compared to previous constitutions?

Counterparts in previous constitutions. Signup and view all the answers

What is the primary reason for strictly interpreting transitional clauses?

To avoid judicial overreach. Signup and view all the answers

What was the nature of the relationship between the outgoing PNDC and the incoming NDC, as indicated in the conclusion?

A trade-off facilitated by legal agreements. Signup and view all the answers

What must the court determine for a quo warranto to be issued in a chieftaincy case?

Whether the alleged occupant has been validly elected, nominated, enstooled or enskinned Signup and view all the answers

Which body has jurisdiction over chieftaincy matters according to the document?

Traditional councils Signup and view all the answers

What is a reason given for why a quo warranto cannot be issued in chieftaincy matters?

Chieftaincy is created by the customs of the people Signup and view all the answers

According to the document, what must be strictly construed regarding statutory provisions?

The supervisory jurisdiction of the courts Signup and view all the answers

What does Section 4(7) of NRCD 70 intend to do?

Prohibit appeals only, not applications for prerogative writ Signup and view all the answers

What does Section 34(3) seek to prevent the court from doing?

Questioning any executive, legislative, or judicial action taken by specific regimes Signup and view all the answers

What is a common feature between S 34(3) and S 15(2)-(4) of the 1979 transitional provisions?

Both restrict the questioning of certain actions taken by regimes Signup and view all the answers

What must be specially crafted to remove the High Court's supervisory jurisdiction over inferior tribunals?

Strongly worded legislative formula Signup and view all the answers

What has happened to the original jurisdiction regarding chieftaincy matters?

It has been transferred to the High Court. Signup and view all the answers

Which Act created chieftaincy tribunals for handling matters related to chieftaincy?

The Chieftaincy Act (Act 759) Signup and view all the answers

What does Article 141 of the 1992 Constitution state about the High Court?

The High Court has supervisory jurisdiction over lower courts. Signup and view all the answers

What was the Supreme Court's stance on the qualification for the protection under s 15 (2)?

Judicial action must be proven. Signup and view all the answers

Which type of injunction can the High Court issue in chieftaincy matters?

Injunction in the nature of a quo warranto Signup and view all the answers

Which case interpretively questioned the procedures of judicial actions under S 34 (4)?

Kwakye v Attorney-General Signup and view all the answers

Which of the following is NOT a requirement for granting an injunction in the nature of quo warranto?

The holder must be a public figure. Signup and view all the answers

What prohibits all courts from entertaining matters related to certain constitutions?

Section 34 of the transitional provisions to the Constitution Signup and view all the answers

What did the majority opinion in the NPP v AG case conclude regarding the public celebration of the Dec 31 coup?

It was not protected by the section. Signup and view all the answers

Which of the following is an essential requirement for the grant of a quo warranto?

The office must be public in nature. Signup and view all the answers

Under s 34 (2), which actions are indemnified from prosecution?

Unlawful and unconstitutional government overthrows. Signup and view all the answers

What requirement did the minority in Kwakye v AG emphasize for judicial action?

Evidence must be provided. Signup and view all the answers

In the case of Ex parte Adu-Gyamfi, what did Hayfron-Benjamin J determine regarding the High Court's powers?

The High Court can issue injunctive relief in chieftaincy cases. Signup and view all the answers

What does S 34 (3) – (5) aim to maintain in the legal system?

Political stability. Signup and view all the answers

In regards to judicial actions taken outside legal procedure, what did the Supreme Court assert?

They will not be questioned if purportedly taken. Signup and view all the answers

Which section provided immunity similar to what appears in S 34 (2)?

S 13 (3) of the 1969 Constitution. Signup and view all the answers

Study Notes

Definition & Function of Ouster Clauses

Ouster clauses remove the court's jurisdiction regarding specific matters.
Can exist in private contracts, statutes, or constitutions.
Types include those that destroy jurisdiction, postpone jurisdiction, and special ouster clauses.

Type 1: Ouster Clauses that Destroy Jurisdiction

Completely extinguish the right to approach ordinary courts for grievances.
Courts typically deem these clauses null and void in private documents.
Referenced case: See v Wardbrew v GBA [1993-1994] 2 GLR 509.

Type 2: Clause that Postpones Jurisdiction

Law generally resists complete ousting of jurisdiction.
Clauses may require arbitration or other avenues before accessing ordinary courts, which is permissible.

Special Kinds of Ouster Clauses

Appear in statutes, granting jurisdiction to bodies instead of ordinary courts.
Example: Section 4 of the Stool Lands Boundaries Settlement Decree (1973) originally vested exclusive jurisdiction in a commissioner, now repealed in favor of the High Court under Act 2000 (Act 587).
The Chieftaincy Act (Act 759) and Courts Act (Act 459) assign chieftaincy matters to specific tribunals.
Section 34 of transitional provisions prohibits courts from addressing matters related to the suspension of constitutions from 1960, 1969, and 1979.

Ouster Clauses & the Supervisory Jurisdiction of the High Court

Article 141 of the 1992 Constitution grants the High Court supervisory powers over lower courts.
The court may issue orders to enforce supervisory jurisdiction, even in chieftaincy causes.
In Ex parte Adu-Gyamfi, the High Court held it could issue injunctions in chieftaincy matters under specific conditions related to public offices.

Requirements for Quo Warranto

The office must be public and created by statute.
The office holder must have exercised their position.
The plaintiff must not be guilty of undue delay.
Jurisdiction over traditional councils limits High Court’s ability to determine validity in chieftaincy declarations.

Legislative Constraints on Supervisory Jurisdiction

According to Ex Parte Ofosu-Amaah, strong legislative wording is needed to take away the High Court's supervisory jurisdiction over inferior tribunals.
Statutory provisions limiting appeal rights must be strictly construed to preserve ordinary jurisdiction.

Indemnity Provisions

Section 34(3) to (5) prevents questioning executive, legislative, or judicial actions taken by military regimes, regardless of legal procedure adherence.
Such indemnity has been justified to uphold political stability.
Supreme Court case: Kwakye v Attorney-General, explored limits of such immunity and deemed it not automatically protective.

Additional Indemnity Provisions

Section 34(2) indemnifies acts related to the unconstitutional overthrow of prior constitutions.
Acts committed up to certain political changes are protected, but these protections are not blanket exemptions.

Need for Ouster Clauses

To ensure swift trials for political or economic offenses.
To assign specialized matters to experts.
To prevent frivolous legal proceedings after proper determinations by established bodies.

Conclusion

Indemnity provisions in the 1992 Constitution reflect a compromise between the outgoing military government and the incoming elected government.

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Description

This quiz delves into the definition and functions of ouster clauses, outlining their impact on the jurisdiction of the courts. Participants will learn about various forms of ouster clauses found in private documents, statutes, and constitutions. Test your knowledge on this legal concept.