[1997]DLSC11687 • March 12, 1997 • Supreme Court •
NEW PATRIOTIC PARTY vs. ATTORNEY-GENERAL
The New Patriotic Party (NPP), a registered political party, challenged the constitutionality of the Council of Indigenous Business Associations Law, 1993 (PNDCL 312), alleging it violated constitutional provisions guaranteeing freedom of association. The NPP sought declarations that PNDCL 312 was inconsistent with the Constitution, particularly articles 21(1)(e), 35(1), 37(2)(a), and 3, and sought orders prohibiting government interference with constitutional freedoms and refund of state funds allocated to the Council.
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.....