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Supreme Court adjourns suit challenging NDC’s celebration of 31st December coup d’etat

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The Supreme Court has adjourned sine die the suit challenging the National Democratic Congress’ (NDC) celebration of the 31st December coup d’etat.

This was after the seven-member panel presided over by Justice Jones Dotse granted the Attorney-General extension of time to file their statement of case.

The Attorney-General (AG) represented by Mrs Grace Ewool, a Chief State Attorney has 10 days to their statement of case.

Other members are: Justice Yaw Appau, Justice Samuel Marful-Sau, Justice Nene Amegatchar, Justice Prof Nii Ashie Kotey, Justice Agnes Dodzie and Justice Lovelace Johnson.

Prof Stephen Kwaku Asare, the Plaintaiff filed the instant application last year claiming that as an institution with public character, the continuous celebration of the 31st December coup d’etat contravenes the letter and spirit of Articles 3 (3)(4), 35 (1)(4)(5), 41(b) (d), 55 (4) (5)(11)(12)(17), 15 (1)(2)(b) of the Constitution.

When the case was called, Mrs Ewool moved an application for extension of time to file their statement of case.

The court in its ruling granted the application and gave her 10 days within which to file their Statement of case.

On March 8, 1994, the apex court of the land in the case of New Patriotic Party verses Attorney General held that the use of public funds or other resources of government to celebrate the 31st December coup d’etat contravenes the 1992 constitution of Ghana.

Although 31st December was not marked as a public holiday, after the decision, the NDC has continued its celebration over the years.

On December 31st, last year, the NDC organised an event at the Winneba Lorry Park, to commemorate and celebrate the 31st December coup d’etat.

The plaintiff, Professor Kweku Asare, after that celebration dragged the NDC and AG to the apex court arguing further that the celebration and commemoration of the event as a public forum is inconsistent with the above provisions.

Consequently, the plaintiff claims an order prohibiting any future celebration of 31st December by the NDC and its officers as well as the renting of Public fora for the celebration.

He is further seeking an order directed at the NDC, its founder, executives, agents, assigns, privies, servants and whomsoever of whatever description to cease and desist from the celebration or commemoration of the December 31 overthrow of the 1979 Constitution.

Additionally, the plaintiff is seeking an order directed at the government to cease and desist from the renting of public fora to the National Democratic Congress or other public associations for the celebration or commemoration of the December 31 overthrow of the Constitution, 1979.

Source: GNA

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