24.1 C
Accra
Monday, July 8, 2024
NewsHigh Court to probe BoG license revocation

Date:

High Court to probe BoG license revocation

spot_img

The Supreme Court has ruled that the High Court has the authority to investigate the revocation of licenses of banks and specialized deposit-taking institutions (SDIs) by the Bank of Ghana (BoG), especially in cases involving alleged breaches of fundamental human rights.

The court’s decision was based on the understanding that Section 141 of the Banks and SDI Act, 2016 (Act 930), which stipulates arbitration as the means of seeking redress for those aggrieved by the BoG’s license revocation, does not exclude the High Court’s jurisdiction to assess the propriety of such revocations.

- Advertisement -

In a unanimous decision, a five-member panel of the apex court overturned the ruling by the Court of Appeal, which had upheld that an arbitration tribunal, not the High Court, was the appropriate venue for seeking redress against BoG’s license revocation.

The appeal was brought by Dr. Papa Kwesi Nduom, the Founder of the now-defunct GN Savings and Loans, who challenged the revocation of GN’s license by the BoG in 2019.

- Advertisement -

Dr. Nduom and two affiliated entities approached the High Court with a human rights application, arguing that the license revocation was unfair and unreasonable, violating their right to administrative justice as guaranteed under Article 23 of the 1992 Constitution.

The BoG objected to the jurisdiction of the High Court, citing Section 141 of Act 930 as the provision that mandated arbitration as the proper venue for seeking redress against license revocation by the central bank.

- Advertisement -

However, the High Court dismissed the objection, leading the BoG to appeal the decision at the Court of Appeal.

On June 2, 2022, the Court of Appeal, in a unanimous decision, ruled in favor of the BoG, holding that the High Court lacked jurisdiction to entertain the case due to the explicit provision of arbitration as the means of seeking redress under Section 141 of Act 930.

The Court of Appeal halted the proceedings at the High Court and referred the dispute to the Ghana Arbitration Centre.

Dissatisfied with this outcome, Dr. Nduom appealed to the Supreme Court, which eventually ruled in his favor, upholding the jurisdiction of the High Court to inquire into the matter of BoG’s license revocation.

Latest stories

Communicate properly although you take your job seriously – Franklin Cudjoe tells NAPO

Founder and president of IMANI Africa, Franklin Cudjoe, has...

It’s been 10 years since I heard from Shatta Wale – Mother

The mother of Ghanaian dancehall artist Charles Nii Armah...

Gyan, Bawumia launch All Regional Games at Baba Yara stadium

On Saturday, July 6, 2024, former Ghana international Asamoah...

Maid caught on CCTV urinating into employer’s cup

A viral CCTV video has captured a disturbing incident...

I need a psychologist, I’m not well – Chef Smith pleads

Ghanaian Chef Ebenezer Smith, also known as Chef Smith,...

Related stories

Communicate properly although you take your job seriously – Franklin Cudjoe tells NAPO

Founder and president of IMANI Africa, Franklin Cudjoe, has...

Maid caught on CCTV urinating into employer’s cup

A viral CCTV video has captured a disturbing incident...

I need a psychologist, I’m not well – Chef Smith pleads

Ghanaian Chef Ebenezer Smith, also known as Chef Smith,...

Congratulations on your landslide victory – Mahama to Keir Starmer, Labour Party

Former President of Ghana, John Dramani Mahama, has extended...

Stay focused, supportive, follow Bawumia – Gabby tells Napo

Gabby Otchere-Darko, a prominent figure within New Patriotic Party...

Affirmative Action Bill in its current form and character is a bad law – Haruna Iddrisu

The Member of Parliament for Tamale South, Haruna Iddrisu,...