NEW PATRIOTIC PARTY
V.
GHANA BROADCASTING CORPORATION

(1993) JELR 65317 (SC)    
Supreme Court  ·  30 Nov 1993 ·  Ghana
CORAM
ARCHER CJ, FRANCOIS JSC, AMUA-SEKYI JSC, AIKINS JSC, WIREDU JSC, BAMFORD-ADDO JSC, HAYFRON-BENJAMIN JJSC
Core Terms Beta
article
constitution
plaintiff
political parties
equal access
national democratic congress
new patriotic party
amount of time
fair opportunity
presentation of divergent views
provisions of the constitution
state media
different points of view
fundamental law
ghana broadcasting corporation decree
presidential candidates
public order
freedoms of other persons
political speeches
present constitution
whole of article
article deals
breach of statutory duty
clear disagreement of the protagonists
constitutional re-enforcement
different subject matter
exclusive right
exercise of discretion
existing law
facts of the plaintiff
former national liberation council
freedom of the people
government pronouncements
high court
horse’s own mouth
innovative attempt
justice white of the us supreme court
learned attorney-general
members of the national liberation council
opinion of my brother francois
organisation of political parties
plaintiff’s real constitutional trump card
primary duty of the supreme court
public rallies
public service broadcasting
responsibility of the state
self-expression
serious violation of its constitutional rights
statements of fact
statutory responsibilities of the defendant corporation

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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