SPOKESMAN (PUBLICATIONS) LTD. vs. ATTORNEY-GENERAL

Azu Crabbe C.J. delivered the ruling of the court. On 11 September 1971, the plaintiff company filed a writ in the Supreme Court, established under the suspended 1969 Constitution of the Republic, against the defendant, and claimed the following reliefs: “(1) a declaration by the court under article 1 (2) and 2 (1) of the Constitution, that sections 182A, 182B and 183 (1), (2), (5) and (6) of the Criminal Code, 1960 (Act 29) are inconsistent with and in contravention in particular of articles 3, 12, 20, 22, 23, 25 and 102 thereof. (2) such consequential orders and directions, under article 2 (2) of the Constitution, as the court may consider appropriate for giving effect to or enabling effect to be given to the declaration above sought.” The plaintiff company brought this suit in their capacity as a private liability company incorporated and registered under the laws of Ghana to carry on the business of publishing newspapers; they are owners and publishers of the newspaper cal...