Quo Warranto – Meaning, Case Sample

The word quo-warranto literally means “by what warrants?”.

The writ of quo-warranto is writ issued with a view of restraining a person from acting in a public offìce to which he or she is not entitled to.

The writ of quo-warranto can be issued against the holder of a public offìce. The writ calls upon him slowly to the court under what authority he holds the office. If the holder has no authority to hold the office, he can be ousted from its enjoyment.

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You can file a writ petition in the Supreme Court under Article 32 of the Indian constitution. However, you can file a writ petition in High Court under Article 226 of the Indian constitution.

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You can also file writ petitions in India for a civil or a crìmìnal act.

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Below is an example of a quo warranto case;

Sagoe-Moses Vs The Minister For Transport

Case Summary

The High Court Of Accra, Ghana ordered the disclosure of documents concerning a controversial contract to brand buses with photos of current and past presidents.

A group of citizens had applied for an order granting disclosure in the absence of a national freedom of information law. The Court reasoned that every individua, including journalists, has a human and constitutional to Information, “even in the absence of further legislation” and that while disclosure could be refused where necessary in a democratic society such as for reasons of national security or other national interest, it was of “overriding importance” that the free and unrestricted marketplace for “the free exchange of ideas and public debate is the heartbeat of democracy as well as the assurance of probity and accountability”.

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Facts Of The Case

In December 2015, the media reported on alleged corrúptìon in the branding of public buses.

The report stated that the government, acting through the Ministry of Transport, had paid an amount of Ghc31,000 for branding stated he had charged only Ghc1,600.

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Lolan Kow Sagoe and six other individuals brought an application before the High Court in Accra, acting as a Human Rights Court, seeking access to the information held by the Ministry of Transport concerning the bus-branding contract. Sagoe-Moses stated that Article41(f) of the constitution placed a civic duty on individuals to “to protect and preserve public property and expose and combat misuse and waster of public funds and property”.

He applied for an order directing the Minister of Transport to provide them with copies of the branding contract, all other documents to the contract and to make full disclosure on the contract.

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