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PRINCE OBIRI-KORANG
V.
ATTORNEY GENERAL

(2024) JELR 112342 (SC)

Supreme Court 24 Jul 2024 Ghana
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- The plaintiff is challenging the constitutionality of Section 104(1)(b) of the Criminal and Other Offences Act 1960 in Ghana, which criminalizes unnatural carnal knowledge between consenting adults. - The plaintiff argues that this sectio

Case Details

Suit Number:WRIT NO. J1/18/2021
Judges:BAFFOE-BONNIE JSC (PRESIDING), LOVELACE-JOHNSON (MS.) JSC, AMADU JSC KULENDI JSC, GAEWU JSC, DARKO ASARE JSC, ADJEI-FRIMPONG JSC
Counsel:LEONARD SEDZRU FOR RESPONDENT/APPELLANT. KWAME AMENING KORATENG FOR APLLICANTS/RESPONDENTS.

JUDGMENT

AMADU JSC

INTRODUCTION

My Lords, the preamble to the Constitution of the Republic of Ghana 1992, provides;

IN THE NAME OF THE ALMIGHTY GOD

We the People of Ghana,

IN EXERCISE of our natural and inalienable right to establish a framework of government, which shall secure for ourselves, and posterity the blessings of liberty, equality of opportunity and prosperity;

IN A SPIRIT of friendship and peace with all peoples of the world;

AND IN SOLEMN declaration and affirmation of our commitment to: Freedom, Justice, Probity and Accountability;

The Principle that all powers of Government spring from the Sovereign Will of the People;

The Principle of Universal Adult Suffrage;

The Rule of Law;

The protection and preservation of Fundamental Human Rights and Freedoms, Unity and Stability for our Nation.

DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

  1. The Constitution of the Republic of Ghana 1992, from its very preamble amplifies certain core values, pillars and features upon which it …

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