[2019]DLSC5257 • January 23, 2019 • Supreme Court •
JAMES KWABENA BOMFEH JNR. vs. ATTORNEY GENERAL
The Plaintiff, a Ghanaian citizen, filed a public interest constitutional action challenging the Government of Ghana's authority to allocate public land for the construction of the Ghana National Cathedral and the establishment of a Hajj Board to support Muslim pilgrimage. The Plaintiff contended that these acts amounted to unconstitutional endorsement and preferential treatment of certain religions, violating the secular nature of the state and constitutional provisions guaranteeing freedom of religion and equality.
read moreADINYIRA (MRS.), JSC: - The Plaintiff brings this action in his capacity as a citizen of Ghana to seek the interpretation and/or enforcement of provisions of the 1992 Constitution of Ghana pursuant to articles 2(1) and 130(1) thereof, claiming the following reliefs: 1. A declaration that upon a true, combined and contextual interpretation of the letter and spirit of the Constitution, particularly articles 258(1)(a) and (b) and 265 thereof, the Government of Ghana does not possess the legal authority to grant or allocate any public land, and consequently the decision of the Government of Ghana to allocate or grant 6.323 Ha of the public lands of Ghana for the construction of the Ghana National Cathedral to serve as Ghana’s Mother Church, is unconstitutional; 2. A declaration that by the core values, basic structure and the nature of the 1992 Constitution of Ghana and upon a combined and contextual interpretation of the letter and spirit of the Constitution, particularly articles 2.....