2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The plaintiff, a civil society organization, sought reliefs from the Supreme Court concerning the welfare of children living on the streets of Ghana. The Supreme Court dismissed the case, finding that the jurisdiction was not properly invoked, and the claims did not raise any real issues of constitutional interpretation or enforcement.
PROF MENSA-BONSU (MRS.) JSC:-
The plaintiff, a private Civil Society Organisation which aims to advance the welfare of
children, and the living conditions of children on the streets, invokes the original
jurisdiction of the Supreme Court pursuant to Articles 2(1) and 130(1) of the 1992
Constitution. The plaintiff concurs with William Shakespeare that, “unaccommodated man
is no more but such a poor bare forked animal…” (‘King Lear’ Act 3 Scene 4.)
Facts and background
The plaintiff by this writ filed on 9th March, 2022, seeks to invoke the original jurisdiction
of the Supreme Court under Article 2(1) and Article 130 that on a true and proper
interpretation of Article 28(1) (c) (d), (2),(3) ,(4) ; Articles 15(1) (2) ; Article 13(1) and
Article 35(5) of the Constitution of Ghana,1992, the current conditions of children living
on the streets of Ghana are inconsistent with the aforementioned constitutional
provisions.
Upon the determination of the above, the plaintiff is seeking the following declarations
and orders from the Honourable Court:
“i. A declaration that the Government of Ghana is in breach of
Articles 25(a), 28(1)(a) and (d), 28(2), (3) and (4); 13(1) and
37 of the 1992 Constitution for not taking urgent steps to
ensure that children receive special protection against
exposure to physical and moral hazard; do not engage in work
that constitutes a threat to their health, education or
development and that children are not deprived of medical
treatment, education or any social or economic benefit.
ii. A declaration that the Government of Ghana is in breach of
Article 15(1) and (2), 13(1) and 35(4) of the 1992 Constitution
for not taking urgent steps to ensure that children receive
special protection against exposure to physical and moral
hazards as enshrined in the Constitution of Ghana, 1992.
iii) An order directed at the Government of Ghana to establish Child
Protection Units in the municipal in cities where child
exploitation for begging and for work is at high level.
iv) An order directed at the Government of Ghana to define by
law penalties for family members, local government units and
schools that do not guarantee the observance of children in
street situation rights.
v) An order directed at the Government of Ghana to define by
law penalties for child exploitation for begging or other form
of economic exploitation to punish all those who may try to
benefit or gain money from children’s work.
vi) An order di