[1997]DLSC11686 • March 12, 1997 • Supreme Court •
NEW PATRIOTIC PARTY vs. ATTORNEY-GENERAL
The New Patriotic Party (NPP), a registered political party and body corporate, challenged the constitutionality of the Council of Indigenous Business Associations Law, 1993 (PNDCL 312). The NPP contended that sections of the law infringed constitutional freedoms, particularly the freedom of association guaranteed under the 1992 Constitution. The Attorney-General raised a preliminary objection questioning the NPP's capacity to sue under Article 21 of the Constitution, arguing that only natural persons could bring such actions.
read moreBamford-Addo JSC. The plaintiff, the New Patriotic Party, a political party registered under the laws of Ghana as a body corporate, issued a writ to invoke the original jurisdiction under articles 2( 1) and 130 of the Constitution, 1992 for a declaration that: "(1) The Council of Indigenous Business Associations Law, 1993 (PNDCL 312) is inconsistent with and a contravention of, the Constitution, especially articles 21 (1) (e), 35(1), 37(2)(a) and (3), and that consequently, to the extent of such inconsistency, the said PNDCL 312 is void. (2) Consequential orders in exercise of this honorable court's jurisdiction under article 2(2) of the Constitution, 1992 prohibiting the Government of Ghana or any agency of the Government of Ghana from interfering with the constitutional freedom of association guaranteed to the persons and organisations covered by the said PNDCL 312, including an order that all state funds made available to the council under PNDCL 312 should be refunded to gov.....