NEW PATRIOTIC PARTY
V.
ATTORNEY-GENERAL

(1997) JELR 110756 (SC)

Supreme Court 12 Mar 1997 Ghana
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- The Supreme Court (Ghana) held (majority) that both natural and legal persons, including registered political parties, have standing under Article 2(1) of the 1992 Constitution to challenge legislation as unconstitutional. - Sections 3(b)

Case Details

Judges:BAMFORD-ADDO JSC, AMPIAH JSC, KPEGAH JSC, ATUGUBA JSC, AKUFFO JSC.
Counsel:PETER ALA' ADJETEY FOR THE PLAINTIFF; MARTIN AMIDU, DEPUTY ATTORNEY-GENERAL, FOR THE DEFENDANT.

Bamford-Addo JSC. The plaintiff, the New Patriotic Party, a political party registered under the laws of Ghana as a body corporate, issued a writ to invoke the original jurisdiction under articles 2(1) and 130 of the Constitution, 1992 for a declaration that: 

"(1) The Council of Indigenous Business Associations Law, 1993 (PNDCL 312) is inconsistent with and a contravention of, the Constitution, especially articles 21 (1)(e), 35(1), 37(2)(a) and (3), and that consequently, to the extent of such inconsistency, the said PNDCL 312 is void. 

(2) Consequential orders in exercise of this honorable court's jurisdiction under article 2(2) of the Constitution, 1992 prohibiting the Government of Ghana or any agency of the Government of Ghana from interfering with the constitutional freedom of association guaranteed to the persons and organisations covered by the said PNDCL 312, including an order that all state funds made available to the council under PNDCL 312 should be refunded to government…

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