Be a collaborator today! Contact us.

THE CASE LIBRARY

Case Title

BRITISH AIRWAYS and Another v ATTORNEY­GENERAL [1997-98] 1 GLR 55-75 Holding 1

Case Principle
non-existing or repealed law cannot be declared unconstitutional
Case Authority
the original jurisdiction of the Supreme Court under article 2(1) of the Constitution, 1992 consisted in the court declaring any enactment or law found to be inconsistent with provisions of the Constitution, 1992 null and void. Accordingly, an impugned law should be an existing law within the laws specified in article 11(1)(d) and (4) of the Constitution. Since the External Companies and Diplomatic Missions (Acquisition or Rental of Immovable Property) Law, 1986 (PNDCL 150) had been repealed by the Statute Law Revision Act, 1996 (Act 516), PNDCL 150 was non-existent. Accordingly, the court had no existing law before it which could be tested or voided for unconstitu­tionality. Since the court could not decide a non-existent controversy nor engage itself in a futile academic exercise of no consequence, the plaintiff’s prayer for PNDCL 150 to be declared unconstitutional would be dismissed.