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7 U. Ghana L.J. 142 (1970)
Sallah v. Attorney-General Kelsen and Others in the Court of Appeal

handle is hein.journals/unghan7 and id is 150 raw text is: NOTES AND COMMENTS SALLAH v. ATTORNEY-GENERAL KELSEN AND OTHERS IN THE COURT OF APPEAL THiB recent case of Sallah v. Attorney-General,1 engrossed as it has been in political controversy, involved quite a number of legal issues and a few comments may be worth while. The issues ranged from a natural justice objection raised against two members of the panel to the complexities of Kelsenite jurisprudence on which the Attorney- General relied for his main arguments in the substantive suit. The facts of the case may be set out briefly as follows: the plaintiff was a manager of the Ghana National Trading Corporation, a statu- tory corporation first set up in 1961.2 On February 21, 1970, the plaintiff received a letter from the Presidential Commission which informed him that his term of office in the public service would come to an end on February 22, 1970, by reason of the provisions of section 9 (1) of the First Schedule to the Constitution, the Tran- sitional Provisions. This subsection provided that: Subject -to the provisions of this section and save as other- wise provided in this Constitution, every person who immediately before the coming into force of this Constitution held or was acting in any office established (a) by or in pursuance of the Proclamation for the Constitu- tion of a National Liberation Council for the administra- tion of Ghana and for other matters connected therewith dated the twenty-sixth day of February, 1966, or (b) in pursuance of a Decree of the National Liberation Council, or (c) by or under the authority of that Council, shall, as far as is consistent with the provisions of this Constitu- tion, be deemed to have been appointed as from the coming into force of this Constitution to hold or to act in the equivalent office under this Constitution for a period of six months from the date of such commencement, unless before or on the expira- tion of that date, any such person shall have been appointed by the appropriate appointing authority to hold or to act in that office or some other office. The letter to the plaintiff indicated that there was no intention of reappointing him. The plaintiff therefore brought this suit challeng- ing the action and seeking a declaration that on a true and proper interpretation of the provisions of section 9 (1) of the First Schedule to the Constitution (Part IV) the Government of Ghana was not entitled to terminate the plaintiffs appointment. I S.C. April 17, 20, 1970; (1970) C.C. 54, 55. 2 E.I. 203, 1961.

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