[2000]DLSC498 • January 26, 2000 • Supreme Court •
NATIONAL MEDIA COMMISSION vs. ATTORNEY-GENERAL
The National Media Commission (NMC) observed that the President was appointing chairmen, chief executives, and other members of governing bodies of public corporations managing state-owned media, allegedly under article 195(1) of the 1992 Constitution. The NMC contended that under article 168, the power to appoint these officials vested exclusively in the NMC acting in consultation with the President. The Attorney-General initially supported the President's appointments but later acknowledged the NMC's position. The dispute arose from appointments made to the New Times Corporation, Ghana News Agency, Graphic Corporation, and Ghana Broadcasting Corporation, with the NMC challenging the legality of these appointments.
read moreJUDGEMENT Edward Wiredu JSC. I have been privileged to read beforehand the learned opinion of my brother Acquah JSC which is about to be read. In his characteristic delivery, he has critically examined, ably analysed and beautifully nutshelled the facts of this case, and has arrived, rightly in my view, at a conclusion which tallies with my own stand and understanding of the law in this dispute. I therefore write to concur in both his reasoning and conclusion that on the face of the plain and unambiguous language of article 168 of the Constitution, 1992 the authority to appoint the chairman and other members of the governing bodies of public corporations managing the state-owned media, including their chief executives who are also members of such governing bodies, vests in the National Media Commission acting in consultation with the President. I also endorse his conclusion that it is the commission which is vested with the right to exercise the powers set out in article 297(a) o...