News Desk Report
The National Democratic Congress (NDC) has been drag to the Supreme Court over the celebration or commemoration of the December 31 overthrow of the Constitution, 1979.
The Plaintiff, Professor Stephen KwekuAsare who filed the Writ NO. J1/7/2020 against the NDC and the Attorney General, 1st and 2nd Defendants respectively, is seeking for an order directing the NDC, its founder, executives, agents, assigns, privies and servants to cease and desist from the celebration or commemoration of the December 31 overthrow of the Constitution, 1979.
According to the Plaintiff, the public celebration or commemoration of the December 31 overthrow of the 1979 Constitution by the NDC is inconsistent with and a contravention with the letter and spirit of the 1992 Constitution.
“A declaration that by the combined effect of Articles 3(3)(4), 35(1)(4)(5), 41(b)(d), 55(5)(11)(12)(17), 15(1) and 15(2)(b) and this Court’s holding in New Patriotic Party v Attorney-General [1993-1994] 2 GLR 35, Republic v Yebbi and Avalifo [1999-2000] 2 GLR 50 and Akufo-Addo and Others v Mahama & Another [2013] GHASC 137, the public celebration or commemoration of the December 31 overthrow of the Constitution, 1979 by the National Democratic Congress is inconsistent with or is in contravention with the letter and spirit of the Constitution, 1992,” the Plaintiff stated in his Statement of Case.
The Plaintiff, Professor Stephen KwekuAsare who is also suing in his capacity as a citizen of Ghana is also seeking the Court to issue an order directing the government to cease and desist from renting public fora to the 1st Defendant (NDC) or other public associations for the celebration or commemoration of the December 31 overthrow of the 1979 Constitution.
Meanwhile, the Court has given the Defendants to, within Fourteen (14) days after the service of the Writ on them, to file their Statement of the Defense.
