The Supreme Court has dismissed an application for review, stressing that the enjoyment of fundamental human rights is not absolute and cannot be used to abuse the judicial process.
The court held that its decision to bar an applicant from re-filing a suit was a justified use of its discretion to protect court resources from litigants who show “indifference to the Court’s time.”
In a ruling written by Justice Yonny Kulendi and supported by a full panel of nine justices, the court on Thursday, December 11, 2024, affirmed its earlier order, which struck out a case by Kenneth Kwabena Agyei Kuranchie “without leave to reapply.”
The applicant, Kuranchie, had sought to challenge the constitutional eligibility of the Office of the Special Prosecutor (OSP).
However, he filed his writ in 2023 without the required Statement of Case and took no action for over nine months before applying to discontinue the suit in July 2024.
The court, in granting his request to withdraw, added the clause barring him from refiling the same case. Kuranchie then applied for a review, arguing that this order violated his constitutional rights under Articles 2 and 125 of the 1992 Constitution to challenge alleged unconstitutional acts.
Justice Kulendi, however, stated that the court’s primary duty is to safeguard the integrity of the judicial system from abuse.
“The enjoyment of fundamental human rights, as guaranteed by the 1992 Constitution, is not absolute; it is subject to respect for the rights of others and the public interest,” the ruling stated. “By abusing the judicial process, the Applicant undermined the dignity and integrity of the justice system.”
The court detailed that Kuranchie’s failure to file his statement of case for over 90 days, followed by a sudden notice of discontinuance without explanation, constituted a “blatant abuse” of court process.
The ruling emphasised that the Supreme Court, as the apex court, must prioritise the efficient use of its time for all Ghanaians.
“The refusal to grant the Applicant leave to reapply is entirely justified in these circumstances,” Justice Kulendi wrote.
“This decision reinforces the principle that the judicial process cannot be held hostage to the whims of litigants.”
The Attorney General and the OSP, who were the respondents, had opposed the review, arguing that the initial ruling was not a decision on the merits of the case and therefore not reviewable.
While the court disagreed on that technical point, it ultimately found no exceptional circumstances or miscarriage of justice to warrant a review.
The ruling clarifies that the order barring Kuranchie is personal to him and does not shield the OSP from judicial scrutiny.
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