[1994]DLSC767 • March 8, 1994 • Supreme Court •
NEW PATRIOTIC PARTY vs. ATTORNEY-GENERAL
The New Patriotic Party challenged the constitutionality of the public celebration and financing of the 31 December 1981 coup anniversary, arguing it contravened the 1992 Constitution's provisions against unconstitutional overthrow of governments. The government defended the celebration as lawful under existing Public Holidays Law and budget appropriations, asserting the celebration commemorated the values of the revolution and was politically sanctioned.
read moreOn 24 February 1966 this country witnessed the first coup d’etat in her political history. The government of the First Republic was overthrown by the Ghana Armed Forces in collaboration with the Ghana Police Force. A Proclamation was issued conferring both the legislative and executive powers of the State on a National Liberation Council. The judiciary remained unscathed after the Proclamation which suspended the Constitution, 1960 of the First. Republic which came into force on 1 July 1960. On 22 August 1969 the Second Republican Constitution came into force and the Constitution, 1960 was abrogated. Part IV of the transitional provisions in the Constitution, 1969 granted indemnity to those who staged the Coup on 24 February 1966. Chapter 9 of the Constitution, 1969 vested the judicial power of Ghana in the judiciary. Article 102(3) of the Constitution, 1969 guaranteed the independence the judiciary. For the first time in the legal history of this country, the American concept of .....