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Questions and Answers
The government of Ghana was elected under the 1979 Constitution.
The government of Ghana was elected under the 1979 Constitution.
True (A)
The Provisional National Defense Council declared December 25th a statutory public holiday.
The Provisional National Defense Council declared December 25th a statutory public holiday.
False (B)
Military forces celebrated the anniversary of the coup with pizza parties.
Military forces celebrated the anniversary of the coup with pizza parties.
False (B)
The activities to celebrate the coup anniversary were funded with public funds.
The activities to celebrate the coup anniversary were funded with public funds.
The PNDC took power on January 7, 1993.
The PNDC took power on January 7, 1993.
The government announced on December 19, 1993, that December 1993 would be a public holiday.
The government announced on December 19, 1993, that December 1993 would be a public holiday.
All registered political parties supported the celebration.
All registered political parties supported the celebration.
Parliament can direct the courts on how to conduct business.
Parliament can direct the courts on how to conduct business.
The celebration of the coup d'etat was consistent with the letter and spirit of the Constitution.
The celebration of the coup d'etat was consistent with the letter and spirit of the Constitution.
Allowing the coup d'etat celebration would underpin the people's coups d'etat.
Allowing the coup d'etat celebration would underpin the people's coups d'etat.
Flashcards
What is a coup d'etat?
What is a coup d'etat?
Military regime that took over the reins of government in a coup d'etat.
What does PNDC stand for?
What does PNDC stand for?
The Provisional National Defence Council.
Why was December 31st significant?
Why was December 31st significant?
Declared December 31st a statutory public holiday each year to celebrate the anniversary of the coup.
Why did registered parties oppose the celebration?
Why did registered parties oppose the celebration?
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What was the court's decision?
What was the court's decision?
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N.P.P. v. Attorney-General
N.P.P. v. Attorney-General
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Study Notes
- N.P.P v. attorney-general is a December case from 1993-94, cited as GLR 35.
Background
- In November 1981, the Government of Ghana, which was elected under the 1979 Constitution, was overthrown in a coup d'état.
- Subsequently, the military regime, known as the Provisional National Defence Council, declared December 31 as a statutory public holiday.
- Each year the coup's anniversary was celebrated with military parades, route marches, and carnivals financed with public funds
- On January 7, 1993, the PNDC's reign ended with the assumption of power by a civilian government elected under the 1992 Constitution.
- On December 19, 1993, the government announced that December 31, 1993, would be a public holiday and celebrated accordingly.
Legal Action
- One of the registered political parties initiated an action under article 2(1) of the 1992 Constitution.
- The action was against the Attorney-General, seeking a declaration that celebrating the coup d'état anniversary with public funds was unconstitutional.
- The claim was that the celebration was inconsistent with the Constitution, particularly articles 3(3)-(7), 35(1), and 41(f).
- The action sought an order compelling the government to cancel the celebration preparations and refrain from carrying it out with public funds.
Arguments
- The plaintiff argued that the Constitution never intended to allow the overthrow or undermining of the 1992 Constitution.
- It was contended that celebrating coups d'état would glorify such events.
- The celebration would undermine the people's commitment to the Constitution.
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Description
A legal challenge against celebrating the anniversary of a coup d'état with public funds. The New Patriotic Party (NPP) contested the declaration of December 31st as a public holiday. This case was initiated under article 2(1) of the 1992 Constitution.
