THE NATIONAL MEDIA COMMISSION vs. THE ATTORNEY GENERAL

The National Media Commission commenced an action against the Attorney-General seeking declarations on the proper constitutional authority to appoint the chairman and other members of the governing bodies of public corporations managing the state-owned media, including chief executives who are members of those governing bodies. The dispute arose because, from about 1994, the President had been appointing chairmen, chief executives and other members of the governing bodies of the Ghana News Agency, Ghana Broadcasting Corporation, Graphic Corporation and New Times Corporation, purportedly under article 195(1) of the 1992 Constitution. The Commission protested that such presidential appointments undermined the constitutional guarantee of media freedom and independence and violated article 168, which vested the appointing power in the Commission acting in consultation with the President. Portion of judgment: “The National Media Commission, hereafter referred to as the Commission observed around 1994 and thereafter that the President acting in consultation with certain authorities, was appointing Chairmen, Chief Executives and other members of the governing bodies of public corporations managing state-owned media… But the Commission, taking the view that they were the proper authority to make such appointments in consultation with the President submitted memoranda to the Attorney-General protesting at the appointments made by the President.”

EDWARD WIREDU, J.S.C.: I have been privileged to read before hand the learned opinion of my brother Acquah J.S.C. which is about to be read. In his usual characteristic delivery he has critically examined, ably analyzed 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 1992 Constitution the authority to appoint chairman and other members of the governing bodies including their chief executives who are also members of such governing bodies, vests in the 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) of the Constitution in relation to such governing bodies (i.e.) Chai...