Repeals

Question 1

What is a repeal?

Answer 1

A repeal is the process by which a law ceases to have effect. It means the enactment stops being part of the body of laws (corpus juris).
(Bennion: to cause an enactment to cease to be part of the body of laws.)

Question 2

What are the two main types of repeal?

Answer 2

Express repeal

Implied repeal

Question 3

What is an express repeal?

Answer 3

It occurs where a new enactment specifically states that a previous enactment or provision is repealed.

Question 4

What is the effect of an express repeal?

Answer 4

The repealed law ceases to form part of existing law, except in relation to accrued rights and liabilities.

Question 5

What is implied repeal?

Answer 5

It occurs where two provisions conflict irreconcilably, and one is deemed repealed even though repeal is not expressly stated.

Question 6

How is conflict resolved between the Constitution and an Act?

Answer 6

By hierarchy. The Constitution prevails. The inconsistent law is void to the extent of inconsistency.

Question 7

What is Ghana’s hierarchy of laws?

Answer 7

Constitution

Acts of Parliament

Subsidiary legislation (CIs, LIs, EIs)

Common law

Question 8

Case example of constitutional implied repeal?

Answer 8

Adofo v Attorney-General – Constitution impliedly repealed Section 5 of PNDCL 125 that ousted High Court jurisdiction.

Question 9

What happens when subsidiary legislation conflicts with an Act?

Answer 9

The Act prevails; the subsidiary legislation is impliedly repealed to the extent of inconsistency.

Question 10

What is the rule generalia specialibus non derogant?

Answer 10

Where a general provision conflicts irreconcilably with a special provision on the same subject, the special provision prevails.

Question 11

Case applying this rule generalia specialibus non derogant?

Answer 11

Bonney v Ghana Ports & Harbours Authority
Special limitation period (PNDCL 160) prevailed over general Limitation Act (NRCD 54).

Question 12

What is the rationale behind this rule?

Answer 12

A specific enactment is presumed to govern its subject matter more precisely than a general one.

Question 13

What is the leges posteriores rule?

Answer 13

Later enactments repeal or amend earlier conflicting enactments.
(Maxim: leges posteriores priores contrarias abrogant.)

Question 14

Case example of the leges posteriores rule?

Answer 14

Kowus Motors v Check Point Ghana Ltd – Later law deemed to have repealed earlier inconsistent law.

Question 15

When does leges posteriores apply?

Answer 15

Where both laws are of the same character (both general or both special) and conflict irreconcilably.

Question 16

Which rule prevails if conflict is between special earlier law and later general law?

Answer 16

The special law prevails.
See: Oyoko Contractors v Starcom Broadcasting Services

Question 17

What happens when the Constitution conflicts with its Transitional Provisions?

Answer 17

Transitional provisions prevail.
Article 299.

Question 18

How does the Supreme Court resolve conflict within constitutional provisions?

Answer 18

By harmonious interpretation.

Question 19

Case example of how the Supreme Court resolve conflict within constitutional provisions?

Answer 19

In Re Wulensi Parliamentary Election (Zakarai v Nyamakan) – Special constitutional provision prevailed over general appellate provision.

Question 20

Does repeal revive earlier laws?

Answer 20

No.
Section 34(1)(a) – Repeal does not revive anything not in force at time of repeal.

Question 21

Does repeal affect past actions done under the repealed law?

Answer 21

No.
Section 34(1)(b) – Previous operation remains valid.Does repeal affect accrued rights and liabilities?

Question 22

Does repeal affect accrued rights and liabilities?

Answer 22

No.
Section 34(1)(c) – Rights and liabilities vested before repeal remain intact.
Case: Manko v Railway & Ports Authority

Question 23

Does repeal affect offences committed under the repealed law?

Answer 23

Generally no.
Section 34(1)(d).

Question 24

Can investigations and proceedings continue after repeal?

Answer 24

Yes.
Section 34(1)(e) – Proceedings may continue as if law not repealed.

Question 25

What did British Airways v Attorney-General decide?

Answer 25

In criminal cases, if a law creating an offence is repealed before conviction and there is no saving clause, prosecution cannot continue.

Question 26

Why did British Airways v AG decide this?

Answer 26

Article 19(11) requires a written law defining the offence and punishment at every stage of prosecution.

Question 27

When can prosecution continue after repeal?

Answer 27

If: Conviction occurred before repeal, OR Repealing law contains a saving provision.

Question 28

What did Edmund Addo v Republic decide?

Answer 28

Section 34(1)(d) acts as a general saving clause allowing prosecution to continue despite repeal.

Question 29

Why is Edmund Addo controversial?

Answer 29

It appears inconsistent with British Airways and may have been decided per incuriam.

Question 30

What happens if new law reduces punishment?

Answer 30

If sentence not yet imposed, accused benefits from reduced penalty.

Question 31

What if new law increases punishment?

Answer 31

Accused is sentenced under old (less severe) law. Obeng Gyebi v Republic

Question 32

What is re-enactment?

Answer 32

Old law is repealed and replaced with a new law of identical substance. It is treated as continuous operation of the old law.

Question 33

What happens to references to the old law?

Answer 33

They are construed as references to the re-enacted law. Section 35(1) Act 792.

Question 34

When is it NOT re-enactment?

Answer 34

If substantive changes are made → it is amendment.

Question 35

What is consolidation?

Answer 35

Re-enactment of multiple laws into one composite Act without substantive change

Question 36

What is the presumption in consolidation?

Answer 36

No change in substance unless clearly stated.

Question 37

What are two types of consolidation?

Answer 37

Strict consolidation (no changes) Consolidation with amendment (minor structural improvements)

Question 38

What is revision?

Answer 38

Re-enactment in plain language without changing substance unless authorized.

Question 39

What is the legal effect of consolidation and revision?

Answer 39

Generally treated the same; substance remains unchanged unless expressly amended.