LAW TIP
No court can excuse a breach of a statute. If an Act of Parliament forbids something, judges have no power to grant immunity or waive the consequences. The law must be upheld. NII AFLAH v BENJAMIN KWAKU BOATENG Suit No. J4/80/2022 (22/3/ 2023)
QUOTE FROM JUDGEMENT
“It must be emphasized that the dictates of a statute unless amended, annulled, or repealed are inescapable. Therefore, where a statute forbids an act, a Court cannot grant immunity or waive the effects of a breach of a statute. This principle has been expressed in the case of The Republic vis. High Court [Fast Track Division] Accra, Ex Parte Operation Association & Ors Interested Parties[2009] SCLR 390 wherein it was held that: “No judge has authority to grant immunity to a party from the consequence of breaching an Act of Parliament”. Similarly, in the case of Gaizie Zwennes Hughes Others Co. vrs. Loders Crocklaan Bv[2012]1 SCGLR 363 this Court per Gbadegbe JSC stated that: “No judge has authority to grant immunity to a party from consequences of breaching an Act of Parliament. The judicial oath enjoins judges to uphold the law, rather than condoning breaches of Acts of Parliament by their orders”. We must therefore be mindful of the statutory remit and imperatives in respect of compliance with section 14 of Act 311 and Section 32 of Act 689 in the cases decided under these Statutes.” NII AFLAH v BENJAMIN KWAKU BOATENG Suit No. J4/80/2022 (22/3/ 2023)