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PROF. KWADWO APPIAGYEI-ATUA & 7 OTHERS
V.
THE ATTORNEY GENERAL

(2023) JELR 111297 (SC)

Supreme Court 31 May 2023 Ghana
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- The case involves a challenge to the constitutionality of the Imposition of Restrictions Act, 2020 (Act 1012) in Ghana. - The plaintiffs argue that Act 1012 empowers the President to unilaterally suspend human rights without proper oversi

Case Details

Suit Number:SUIT NO. J1/14/2022
Judges:DOTSE J.S.C. AG. CJ (PRESIDING), AMEGATCHER J.S.C., PROF. KOTEY J.S.C., LOVELACE-JOHNSON J.S.C., AMADU J.S.C., PROF. MENSA-BONSU J.S.C., KULENDI J.S.C.
Counsel:DR. JUSTICE SREM-SAI with CLETUS ALENGAH, ABDUL AZIZ GOMDA & RACHEL DINSEY for the plaintiff; DIANA ASONABA DAPAAH with ADWOA O. OBENG & NICHOLA ALLOTEY for the Defendant.

JUDGMENT

AMEGATCHER JSC

INTRODUCTION

In 1991, a Committee of Experts convened to discuss proposals for creating a draft constitution for Ghana. They released a detailed report which included their views on fundamental human rights and freedoms. Their opinion on the topic was as follows:

“128. The National Commission for Democracy Report leaves no doubt that Ghanaians attach great importance to human rights. Human rights are universally regarded as inalienable and constitute the birthright of the individual as a human being. Therefore, no person may be deprived of his or her human rights.”

Ghana's unwavering dedication to protecting fundamental human rights and freedoms can be attributed to several factors, including our history of human rights abuses and the courts’ jurisprudence during these periods. One of the most significant cases contributing to the regime of human rights protections subsisting under our current constitutional dispensation is In Re Akoto and 7 Others [1961] 2 GLR 523,…

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