Over the Bar – Justice Kulendi’s Shot. A review of the decision of the Supreme Court in the case of Association of Finance Houses vs BoG & AG

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By: Thaddeus Sory, Esq.

The author publishes this paper for three main reasons.

First, it is a contribution to our administrative and constitutional law from my own viewpoint. A practitioner’s view is not the law as it is entirely within the province of the Supreme Court to lay down the law and we are all bound to follow it. Nevertheless, it is has been the practice to subject decisions of the courts to some scrutiny especially when the decisions deal with matters of importance, in this case our constitutional law…

… Also, reviewing judgments of the courts ensures judicial accountability. This is necessary because, as the courts are busily acting watchdog over the rest of us ensuring that we are all acting in alignment with the law, there must also be eagle eyes placed on them to ensure that the courts are themselves aligned with the law when they carry out their constitutional task of teaching us where we should stand in relation to the law. The watchman himself must be
watched.

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