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The Supreme Court has dismissed a case brought before it by two students of the University of Ghana over its decision to charge road tolls.

According to the court, it has no jurisdiction to make any pronouncement as the issue of taxing was beyond its remits.

It also said only parliament had the power to determine the issue.

Background

In February 2014, two students of the University of Ghana, Ernest Victor Apau and Musah Mustapha filed at a suit at the highest court of the land urging it to declare the action of the university to charge tolls as unconstitutional

They were praying the court to perpetually restrain the University and its agents from charging motorists who plied the university’s routes.

The writ dated January 29, 2014 and filed on behalf of the applicants by Mr Egbert Faibille, a legal practitioner, came about as a result of the university’s plan to charge road tolls with effect from February 1, 2014.

The reliefs sought by the applicants included a declaration that upon a true and proper interpretation of Article 174 (1) of the 1992 Constitution, the road usage and user charges the university sought to introduce amounted to taxation.

According to them, the move as an abuse of discretionary powers and are, therefore, praying the court not to countenance it.