[2024]DLSC17701 • July 24, 2024 • Supreme Court •
DR. PRINCE OBIRI-KORANG vs. ATTORNEY GENERAL
The plaintiff, Dr. Prince Obiri-Korang, challenged the constitutionality of section 104(1) of Act 29, which criminalizes unnatural carnal knowledge, arguing that it infringed on constitutional rights including privacy and personal liberty. The Attorney General defended the provision as consistent with Ghanaian constitutional values and social norms.
read moreJUDGMENT AMADU JSC; INTRODUCTION My Lords, the preamble to the Constitution of the Republic of Ghana 1992, provides; IN THE NAME OF THE ALMIGHTY GOD We the People of Ghana, IN EXERCISE of our natural and inalienable right to establish a framework of government, which shall secure for ourselves, and posterity the blessings of liberty, equality of opportunity and prosperity; IN A SPIRIT of friendship and peace with all peoples of the world; AND IN SOLEMN declaration and affirmation of our commitment to: Freedom, Justice, Probity and Accountability; The Principle that all powers of Government spring from the Sovereign Will of the People; The Principle of Universal Adult Suffrage; The Rule of Law; The protection and preservation of Fundamental Human Rights and Freedoms, Unity and Stability for our Nation. DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. (1) The Constitution of the Republic of Ghana 1992, from it's very preamble amplifies certa...