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How does coup detail affect a country and its citizens

Asked by Linda Opoku-Mensah

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Answers (1)

BA

Bright Abotsi

Sep 07 2023

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To answer this question, one must understand the continuity theory propounded by John Finnis and the discontinuity theory propounded by Hans Kelsen. The continuity rule posits that a Coup Detat does not do away with the existing legal order whereas the discontinuity theory holds that a coup detat removes or extinguishes the existing legal order. In the Ghanaian case of Sallah v AG, the Ghanaian court relying on the Continuity theory held that the Coup Detat did not extinguish the existing legal order (Constitution and all other laws). In the recent Ghanaian case of Ekwam v Pianim however, the SC held that a successful coup detat extinguishes the existing legal order. To that extent, the 1979 constitution which Pianim sough to rely on and a defence by the coup had been extinguished following a successful Coup Detat. He was thus prevented from aspiring as a Prez candidate of the NPP

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