[2022]DLSC11608 • July 27, 2022 • Supreme Court •
EZUAME MANNAN vs. THE ATTORNEY-GENERAL AND SPEAKER OF PARLIAMENT
The plaintiff challenged the constitutionality of Section 43 of the Narcotics Control Commission Act, 2020 (Act 1019), which permits the Minister, on recommendation of the Commission, to grant licenses for cultivation of cannabis with low THC content for industrial or medicinal purposes. The plaintiff contended that the explanatory memorandum accompanying the Bill did not disclose any policy change regarding cannabis cultivation, that Parliament failed to comply with constitutional procedures under Article 106, and that Section 43 contravened Ghana's international treaty obligations and constitutional provisions, including Directive Principles of State Policy.
read more“My own contribution to the evaluation of a Constitution is that, a Constitution is the outpouring of the soul of the nation and its precious life-blood is its spirit. Accordingly, in interpreting the Constitution we fail in our duty if we ignore its spirit. Both the letter and the spirit of the Constitution are essential fulcra which provide the leverage in the task of interpretation. In suppott of this, we may profitably turn to the Constitution, 1992 itself which directs that we accord due recognition to the spirit that pervades its provisions." - Franois JSC, New Patriotic Party v Attorney-General [1993-94] 2 GLR 35 at page 79. INTRODUCTION This writ invokes the exclusive original jurisdiction of this Court pursuant to Articles 2(1) and 130(1)(a) of the Constitution. The Plaintiff brings this action seeking the following reliefs; 1. A declaration that Section 43 of the Narcotics Control Commission Act Act 1019, is null and void on account of having been passed in a manner t.....