NEW PATRIOTIC PARTY
V.
GHANA BROADCASTING CORPORATION

(1993) JELR 65317 (SC)

Supreme Court 30 Nov 1993 Ghana
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- The Supreme Court held that, under articles 163 and 55(11) of the 1992 Constitution of Ghana, state-owned media have a mandatory duty to afford all political parties fair—and functionally equal—opportunities and facilities to present thei

Case Details

Judges:ARCHER CJ, FRANCOIS JSC, AMUA-SEKYI JSC, AIKINS JSC, WIREDU JSC, BAMFORD-ADDO JSC, HAYFRON-BENJAMIN JJSC
Counsel:ANTHONY FORSON ATTORNEY-GENERAL FOR THE DEFENDANT WITH HIM, MRS ADUSAH-AMANKWA; PETER ADJETEY FOR THE PLAINTIFF WITH HIM SAM OKUDZETO, NANA AKUFO-ADDO ASIEDU MISS GLORIA AKUFFO PHILIP ADDISON, ALEX QUAYNOR ANDWILLIAM ADDO.

ARCHER CJ.

I have had the opportunity of reading the reasons embodied in the opinion of my brother Francois and I agree with the reasons. However, by way of emphasis I wish to add a few words.

First, I wish to stress that although the plaintiff relied on article 55 of the constitution, I do not think that that article has any relevance to the action. One has to read the whole of article 55 to appreciate its import. That article deals with the organisation of political parties, the right to vote, and the responsibility of the State and the state media to provide opportunities to all political parties to present their programmes. Article 55(11) reads:

“The State shall provide fair opportunity to all political parties to present their programmes to the public by ensuring equal access to the state-owned media.”

Article 55(12) reads:

“All Presidential candidates shall be given the same amount of time and space on the state-owned media to present their programmes to the people.”

In article 55(11…

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