The Supreme Courtroom is staying questioned to halt the opposition National Democratic Congress (NDC) from commemorating December 31.
This is the day in 1981 that the constitutionally-elected govt of Dr. Hilla Limann was ousted in a coup led by Jerry John Rawlings.
Mr. Rawlings became Chairman of the Provisional National Defence Council (PNDC) that ruled the state until 1993 when Ghana returned to constitutional rule with the NDC successful ability.
Ghanaian law firm based in the US Prof Stephen Kwaku Asare is inquiring the Apex Court docket to stop the general public celebration of the coup because it is inconsistent with the letter and spirit of the 1992 Structure.
He relies heavily on the case of the New Patriotic Get together vs Lawyer-General [1993-1994] 2 GLR 35 to make his situation. In that circumstance, the Supreme Court docket held that it was unconstitutional for December 31 to be marked as a public holiday getaway.
State cash had been also not to be employed for this kind of celebration. The day has nevertheless been regularly marked by the NDC with a commemoration event frequently heralded with Previous President Rawlings providing a keynote address.
Prof Asare desires this to quit.
He needs a declaration that the celebration or commemoration of the December 31 overthrow of the Structure, 1979 in a community discussion board is inconsistent with or is in contravention with the letter and spirit of
the Constitution, 1992.
He wishes an buy to be directed at NDC, its founder, executives, agents, assigns, privies, servants, and whomsoever of no matter what description to stop and desist from the celebration or commemoration of the working day.
He also wishes the governing administration to desist from leasing public fora to the Nationwide Democratic Congress or other public associations for the celebration or commemoration of the December 31 overthrow of the Structure, 1979.
Controversy about late overall look by defendants
Prof Asare is disappointed that the NDC and the Legal professional Common, defendants in the scenario unsuccessful to react to his writ even even though he submitted it on February 20.
He contends the get together experienced 14 days to file a reaction but has just failed or refused to do so.
His attorneys urged the Courtroom to undertake and grant the reliefs he’s requesting.
The NDC and the AG’s office have since entered an visual appeal inquiring the Court to grant them far more time to file a response.
The court granted this request as it struck out the ask for by Prof Asare asking that his reliefs be granted.
The situation has been adjourned indefinitely.