Resources shut to the opposition National Democratic Congress’ authorized staff say the social gathering intends to urge the Supreme Courtroom to dismiss a scenario seeking to halt its founder, Jerry John Rawlings, from celebrating the overthrow of Dr Hilla Limann.
The team will take the view that the celebration is an important event that affords it the opportunity to inform and remind its users and supporters of its values, specifically, the values of probity, transparency, and accountability.
The party claims it is a solemn party that reminds associates of the need to fight corruption, mismanagement, and abuse of electricity.
Historical details giving increase to situation
Prof Asare needs Ghana’s major opposition celebration to be barred from commemorating December 31. This is the working day in 1981 that the constitutionally-elected govt of Dr. Hilla Limann was ousted in a coup led by Jerry John Rawlings.
Mr. Rawlings turned Chairman of the Provisional National Defence Council (PNDC) that ruled the country until 1993 when Ghana returned to constitutional rule with the NDC successful energy.
Prof Asare’s case
Prof. Asare argues the commemoration of the occasions is inconsistent with the letter and spirit of the 1992 structure. He relies greatly on the scenario of the New Patriotic Occasion v Attorney-Basic [1993-1994] 2 GLR 35 to make his situation.
In that scenario, the Supreme Court held that it was unconstitutional for December 31 to be marked as a general public getaway. Condition money are also not to be utilised for this kind of celebration.
The day has even so been continually marked by the NDC with a commemoration celebration generally heralded with Previous President Rawlings providing a keynote tackle. Prof Asare desires this to halt.
He wishes a declaration that the celebration or commemoration of the December 31 overthrow of the Constitution, 1979 in a general public forum is inconsistent with or is in contravention with the letter and spirit of
the Constitution, 1992.
He wishes an buy to be directed at the Nationwide Democratic Congress (NDC), its founder, executives, agents, assigns, privies, servants, and whomsoever of regardless of what description to stop and desist from the celebration or commemoration of the working day.
He also would like the govt to desist from leasing general public fora to the Countrywide Democratic Congress or other general public associations for the celebration or commemoration of the December 31 overthrow of the Structure, 1979.
Legal professional General’s perspective
Files filed by the AG’s office sighted by JoyNews disagrees with this watch. The Business office initial argues that the Supreme Court’s jurisdiction has not been properly brought on. It will make reference to posting 2(1) of the 1992 structure that spells out the bring about of motion for a constitutional issue to be a violation of the structure or a genuine case for the interpretation of the constitution.
Alternate argument by Lawyer General’s Workplace
The AG’s business having said that contemplates the risk that the Apex Court docket might proceed to hear the issue and thus would make option arguments on the deserves of the circumstance.
The doc filed by Mrs. M-Ewoal at this phase of the argument admits that there is merit in the assert that the use of public house for the event is problematic.
This, the Chief State Legal professional claims defeats the function of the final decision in NPP v AG simply because community spaces are funded and maintained with community funds.
She provides also that the NDC as a creature of Ghana’s constitution is required to boost its values and aspirations by its words and phrases and deeds .
“… celebrating a day which brings terrible memories to a segment of the populace flies in the encounter of great conscience”.
The NDC’s scenario
The celebration, sources say, intends to reveal to the Supreme Court that it has so considerably commemorated the event without the need of applying public resources and neither has it coerced any individual into observing it as a community getaway.
It will even further place out that should the court docket grant the reliefs Prof.Asare is seeking, flexibility of association, assembly, and expression will be curtailed.
The celebration even further retains the check out that the circumstance does not increase any genuine, real and significant challenge of constitutional enforcement. The celebration suggests when it is commemorative event is in line with the choice in NPP v AG, it miracles why Prof. Asare will want to rely on that case as anchor for his disagreement with the December 31 function.
It for that reason will argue as the AG intends to do that the circumstance raises no interpretation or enforcement situation and need to be dismissed.
The NDC, JoyNews is mastering has instructed the law agency of Aziz Bamba and Associates to characterize it in this case.
