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(5)
It is not lawful for any court or tribunal to entertain an action instituted in respect of an act or
omission against a person acting or omitting to act, on the instructions or authority of the Provisional
National Defence Council or the Armed Forces Revolutionary Council or a member of the Provisional
National Defence Council or the Armed Forces Revolutionary Council and alleged to be in
contravention of any law, whether substantive or procedural, in existence before or during the
administration of the Provisional National Defence Council or the Armed Forces Revolutionary
Council.
35 PRESERVATION OF CONFISCATION AND PENALTIES IMPOSED BY A.F.R.C AND P.N.D.C
(1)
Subject to subsection (2) of this section, any confiscation of any property and any other penalties
imposed by or under the authority of the Armed Forces Revolutionary Council and the Provisional
National Defence Council under any Decree or Law made by that Council, shall not be reversed by
any authority under this Constitution.
(2)
Where any property or part of any property of a person was confiscated on the basis of his holding a
public or political office or on any other basis, and it is established to the satisfaction of the
Commissioner for Human Rights and Administrative Justice that the property or that part was
acquired before he assumed the public or political office, or that it was otherwise lawfully acquired,
the property or that part shall be returned to that person.
36 ARROGATION OF PNDC (ESTABLISHMENT) PROCLAMATION
(1)
Upon the coming into force of this Constitution, the Provisional National Defence Council
(Establishment) Proclamation 1981 and the Provisional National Defence Council (Establishment)
Proclamation (Supplementary and Consequential Provisions) Law, 1982 (PNDCL 42) shall cease to
have effect.
(2)
Notwithstanding the abrogation of the Proclamation referred to in subsection (1) of this section, any
enactment or rule of law in force immediately before the coming into force of this Constitution shall,
in so far as it is not inconsistent with a provision of this Constitution, continue in force as if enacted,
issued, or made under the authority of this Constitution.
37 SECTIONS NOT TO BE AMENDED
Notwithstanding anything in Chapter 25 of this Constitution, Parliament shall have no power to
amend this section or sections 34 and 35 of this Schedule.
Ghana 1992 (rev. 1996)
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