Supreme Court gives A-G 10 days to file defence in case challenging 31st December celebration

The Supreme Court has given the Attorney General 10 days to file its defence in a  case challenging the celebration of the 31st December revolution.

This followed the Attorney General’s plea for time to file its defence.

A US-based Ghanaian accounting lecturer, Prof Stephen Kwaku Asare, in 2019 filed a suit at the apex court asking the court to declare the celebration, annually headlined by former President J.J. Rawlings, illegal.

Among other reliefs, he wants the court to direct the National Democratic Congress (NDC) and its associates, including its founder (former President Rawlings), executives and agents to cease and desist from the celebration or commemoration of the December 31 overthrow of the 1979 Constitution.

Over the years, former President Rawlings has been using the Cenotaph opposite the Jubilee House to commemorate the day, which overthrew Hilla Limann’s government in 1981.

But Prof Asare wants a permanent injunction from the court that directs ” the government to cease and desist from the renting of public fora to the National Democratic Congress or other public associations for the celebration or commemoration of the December 31st overthrow of the Constitution, 1979.

Joined to the suit is the Attorney General’s Department.

Prof Kwaku Azar, who has taken on several public interest cases and won in the past in his writ, insisted that the  31st December celebration contravened the letter and spirit of the 1992  constitution.

When the case was called on Wednesday, a Chief State Attorney, Grace Ewoal, prayed the court for an extension of time to file their response.

The court agreed and gave her 10 days to file their defence.

“The 2nd defendant[A-G] has been given 10 days to file their statement of the case,” the court presided over by Justice Jones Dotse stated.

Other members of the panel are Justice Jones Dotse,  Justice Yaw Appau, Justice Samuel Marful-Sau, Justice Nene Amegatchar, Justice Prof Nii Ashie Kotey and Justice Agnes Dodzie Justice Avril Lovelace Johnson

Background

On March 8, 1994, the Supreme Court of Ghana in the seminal case of New Patriotic Party vs AG held that the use of public funds or other resources of government to celebrate the 31st December coup d’état contravenes the 1992 constitution of Ghana.

Although the 31st December was not marked as a public holiday, after the decision, the NDC has continued its celebration over the years.

On December 31st, 2019, the NDC organised an event at the Winneba Lorry Park, to commemorate and celebrate the 31st December coup d’état.

The plaintiff after that celebration dragged the NDC and AG to the apex court arguing further that the celebration and commemoration of the event is in a public forum is inconsistent with the above provisions.

Consequently, the plaintiff claims an order prohibiting any future celebration of 31st December by the NDC and its officers as well as the renting of Public fora for the celebration.

Reliefs

1. A declaration that by the combined effect of Articles 3(3)(4), 35(1)(4)(5), 41(b)(d), 55(5)(11)(12)(17), 15(1) and 15(2)(b) and this Court’s holding in New Patriotic Party v Attorney-General [1993-1994] 2 GLR 35, Republic v Yebbi and Avalifo [1999-2000] 2 GLR 50 and Akufo-Addo and Others v Mahama & Another [2013] GHASC 137, the public celebration or commemoration of the December 31 overthrow of the Constitution, 1979 by the National Democratic Congress is inconsistent with or is in contravention with the letter and spirit of the
Constitution, 1992.

2. A declaration that by the combined effect of Articles 3(3)(4), 35(1)(4)(5), 41(b)(d), 15(1) and 15(2)(b) and this Court’s holding in New Patriotic Party v Attorney-General [1993-1994] 2 GLR 35, Republic v Yebbi and Avalifo [1999-2000] 2 GLR 50 and Akufo-Addo and Others v Mahama & Another [2013] GHASC 137, the celebration or commemoration of the December 31 overthrow of the Constitution, 1979 in a public forum is inconsistent with or is in contravention with the letter and spirit of the Constitution, 1992.

3. An order directing the National Democratic Congress, its founder, executives, agents, assigns, privies, servants and whomsoever of whatever description to cease and desist from the celebration or commemoration of the December 31 overthrow of the Constitution, 1979.

4. An order directing the government to cease and desist from the renting of public fora to the National Democratic Congress or other public associations for the celebration or commemoration of the December 31
overthrow of the Constitution, 1979.

5. Any other reliefs that this Court deems necessary in exercise of its legal equitable powers.

6. Cost for court expenses and legal service fees.