The Lawyer General’s Business is set to aid the NDC’s celebration of December 31 applying personal funds.
Files submitted on behalf of the business office at the Supreme Court signed by Main Condition Lawyer Grace M-Ewoal is inquiring that the case filed by Ghanaian attorney based mostly in the US, Prof Stephen Asare, should really be dismissed.
Historical details offering rise to scenario
Prof Asare needs Ghana’s largest opposition social gathering to be barred from commemorating December 31. This is the working day in 1981 that the constitutionally-elected federal government of Dr. Hilla Limann was ousted in a coup led by Jerry John Rawlings.
Mr. Rawlings grew to become Chairman of the Provisional Nationwide Defence Council (PNDC) that ruled the place until 1993 when Ghana returned to constitutional rule with the NDC winning electrical power.
Prof Asare’s situation
Prof. Asare argues that the commemoration of the events is inconsistent with the letter and spirit of the 1992 constitution. He depends heavily on the situation of the New Patriotic Celebration v Attorney-Common [1993-1994] 2 GLR 35 to make his situation.
In that scenario, the Supreme Courtroom held that it was unconstitutional for December 31 to be marked as a public holiday. Point out money are also not to be utilised for such celebration.
The day has however been consistently marked by the NDC with a commemoration party frequently heralded with former President Rawlings offering a keynote deal with. Prof Asare needs this to quit.
He wishes 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 needs an purchase to be directed at the National Democratic Congress (NDC), its founder, executives, brokers, assigns, privies, servants, and whomsoever of no matter what description to cease and desist from the celebration or commemoration of the day.
He also desires the govt to desist from leasing community fora to the National Democratic Congress (NDC) or other public associations for the celebration or commemoration of the December 31 overthrow of the Constitution, 1979.
Attorney General’s perspective
Files submitted by the AG’s business office sighted by JoyNews disagrees with this watch.
The Business office very first argues that the Supreme Court’s jurisdiction has not been correctly triggered. It helps make reference to posting 2(1) of the 1992 constitution that spells out the trigger of action for a constitutional subject to be a violation of the constitution or a real situation for the interpretation of the structure.
The AG’s workplace says the situation filed by Prof. Asare does not show any evidence backing the allegation of a violation of the 1992 structure by the NDC.
It proceeds to add that the NDC marks the activities, not as a countrywide occasion and neither does the celebration use general public cash. This the workplace states, is in line with the conclusion in the NPP v AG which barred the celebration of the working day as a countrywide event with public funds.
“However in the instant scenario, the commemorations are not national activities and neither are they financed with general public funds. The plaintiff has not alleged that the venues for the commemorations are not paid out for,” the doc reads.
The Workplace therefore urges the court docket to decrease to listen to the scenario because no genuine challenge of interpretation occurs. The office environment states that the Articles or blog posts of the structure referred to by Prof. Asare are clear and admits no ambiguity.
Alternate argument by the Lawyer General’s Office environment
The AG’s Place of work however contemplates the chance that the Apex Court docket could proceed to listen to the make any difference and as a result will make choice arguments on the deserves of the scenario.
The document submitted by Mrs. M-Ewoal at this phase of the argument admits that there is advantage in the claim that the use of general public space for the occasion is problematic.
This, the Chief State Legal professional suggests defeats the function of the choice in the NPP v AG due to the fact public spaces are funded and preserved with general public money.
She provides also that the NDC as a creature of Ghana’s constitution is required to encourage its values and aspirations by its terms and deeds .
“… celebrating a working day which provides undesirable reminiscences to a part of the inhabitants flies in the confront of superior conscience”.
She concludes by stating that, “On the power of all of the over, we respectfully pray this Honorable Courtroom to dismiss the plaintiff’s action for not adequately invoking the jurisdiction of this court docket or on the deserves to hold that the steady commemoration of the 31st December at general public locations funded or preserved by public funds violates the letter and spirit of the structure and the essence of the decision in NPP v Legal professional-Standard.”.