Customer Support

MARK DARLINGTON OSAE
V.
FOOD AND DRUGS AUTHORITY & ANOR

(2024) JELR 112288 (SC)

Supreme Court 19 Jun 2024 Ghana
BriefBot icon

BriefBot Summary

Free

- The Supreme Court (majority) upheld the validity of Guideline 3.2.10 issued by the Food and Drugs Authority, which prohibits well-known personalities or professionals from being used in alcoholic beverage advertising, holding that the mea

Case Details

Suit Number:WRIT NO. J1/05/2023
Judges:SACKEY TORKORNOO (MRS.), CJ (PRESIDING) P. BAFFOE-BONNIE, JSC M. OWUSU (MS.), JSC PROF. MENSA-BONSU (MRS.) ,JSC B. F ACKAH-YENSU (MS.), JSC ASIEDU, JSC KOOMSON, JSC
Counsel:BOBBY BANSON ESQ. FOR THE PLAINTIFF. JUSTIN AMENUVOR ESQ. FOR THE 1ST DEFENDANT WITH HOPE AGBOADO. MERCEDES KONADU MARI (SENIOR STATE ATTORNEY) FOR THE 2ND DEFENDANT WITH MODESTA LEGIBO (STATE ATTORNEY).

JUDGMENT

ASIEDU, JSC

[1]. Introduction:

My lords, on the 11th November 2022, the Plaintiff in this matter filed a writ to invoke the original jurisdiction of this court against the 1st and the 2nd defendants herein for reliefs in the nature of the following: 

a. A declaration that on a true and proper interpretation of article 17(1) and (2) which guarantee equality before the law and prohibits discrimination against persons on grounds of social or economic status, occupation, among others, Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on 1st February 2016 which provides that “No well-known personality or professional shall be used in alcoholic beverage advertising” is discriminatory, inconsistent with and in contravention of article 17(1) and 17(2) of the 1992 Constitution, and thus unconstitutional.

b. A declaration that on a true and proper interpretation of article 17(1) and (2), Guideline 3.2.10 of the Guidelines for the Advertisement …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.