Supreme Court Adjourns Cedi Case

The case involving an Accra-based lawyer and banking lecturer, John Ephraim Baiden who has prayed the Supreme Court to compel the Bank of Ghana (BoG) to stabilize the Cedi has been adjourned to December 15, 2014. The court would determine whether or not the case should continue. The suit was filed in March 2014 after the cedi sharply depreciated against major foreign currencies. The lawyer, who said he has lost money as a result of exchange rate losses, stated that the Supreme Court should hear the case to promote the interest of the public. The plaintiff is seeking a declaration that upon the true and proper interpretation of Article 183(2)(a) of the 1992 Constitution and section 4(b)the Bank of Ghana Act 2002, the Central Bank has failed to promote and maintain a stable currency for Ghana. When the case was first called in July, this year, the defendant raised preliminary objection on grounds that the Supreme Court was the wrong forum, but the court asked that the BoG to respond to the plaintiff�s case before the objection would be considered. The bank noted that if the reliefs of the plaintiff are granted, the court would go beyond its domain and that the issue is a non-justiciable political question. The Central Bank was of the opinion that the court would be exercising the functions of the Ministry of Finance if it grants the reliefs. The defendant further noted that the court would have to make technical monetary decisions and preference for a fixed exchange rate regime. The BoG consequently prayed the court to dismiss the suit. The lawyer, on the other hand, claims the Central Bank had failed to respond to the issues which he raised, adding that BoG has so far not challenged his data on the poor performance of the cedi.