[2022]DLSC11685 • July 27, 2022 • Supreme Court •
EZUAME MANNAN vs. THE ATTORNEY-GENERAL AND SPEAKER OF PARLIAMENT
The plaintiff challenged Section 43 of the Narcotics Control Commission Act, 2020 (Act 1019), which permits the Minister for the Interior to license cultivation of cannabis with THC content not exceeding 0.3% for industrial or medicinal purposes. The plaintiff contended that this section was introduced without proper explanatory memorandum or public debate, violating constitutional legislative procedures and Ghana's international treaty obligations. The plaintiff also argued that Section 43 contravened the Directive Principles of State Policy and was inconsistent with the rest of Act 1019.
read moreMAJORITY OPINION KULENDI JSC:- “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 support 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.” – François 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 an...