November 1, 2022
CORAM
AI Generated Summary
A Ghanaian citizen sued under the Supreme Court’s original jurisdiction for interpretation of Article 276(1) and declaratory relief concerning chiefs’ political speech during the 2020 elections, alleging endorsements by prominent chiefs including Osagyefo Amoatia Ofori Panin II and Nana Owusu Kontoh II of presidential candidates Nana Addo Dankwa Akufo-Addo and John Dramani Mahama. The Attorney-General opposed, arguing that “active party politics” is clear and limited to seeking elective office, and emphasizing chiefs’ free speech rights under Article 21 and interpretive principles under Act 792. The Supreme Court, per Kulendi JSC and a unanimous panel including Dotse, Pwamang, Amegatcher, Prof. Kotey, Owusu, and Lovelace Johnson JJSC, held that “active party politics” is broader than contesting for office, that chiefs may endorse or criticize policies, programmes, or projects, but that endorsing the person of a candidate or a party constitutes prohibited partisan “taking sides.” The third framed issue was declined as hypothetical. Due to evidentiary constraints and non-joinder, declarations against specific chiefs were not issued, and the writ was dismissed in part.
KULENDI JSC:-
The Plaintiff, a citizen of Ghana, commenced this action on the 19th day of November 2020, invoking the original jurisdiction of this Court under Articles 2(1) and 130(1)(a) of the 1992 Constitution of Ghana and Rule 45 of the Supreme Court Rules, 1996, C.I 24 claiming the following reliefs:
a. An interpretation of the phrase "active party politics" as used in Article 276 (1) of the 1992 Constitution of Ghana.
b. A declaration that certain Chiefs who, during the electioneering campaign leading up to the 2020 General Elections, "endorsed" one or the other of the presidential candidate of the New Patriotic Party (NPP), Nana Addo Dankwa Akufo-Addo, and the presidential candidate of the National Democratic Congress (NDC), John Dramani Mahama, were, by virtue of such endorsement, involved in "active party politics," per the intent and purpose of Article 276(1) of the 1992 Constitution of Ghana.
c. That an endorsement by a Chief of any presidential and or parliamentary candidate prior to, during and after a presidential election amounts to a breach of Article 276(1) of the 1992 Constitution of Ghana, and same amounts to an engagement in "active party politics' as purposed and intended under Article 276 of the 1992
Constitution of Ghana.
d. Any other reliefs that this Honorable Court deems fit under the circumstances.
I. BACKGROUND
In the run-up to the 2020 General Elections, the electioneering mood in the country provided, as usual, a context and an opportunity for robust debates, commentaries, and expressions of diverse opinion of a political and partisan nature by various members of the general public. In this electioneering atmosphere, certain eminent Paramount Chiefs allegedly made statements, which according to the Plaintiff, amounted to endorsing one or the other of the presidential candidates of the two main rival political parties, namely the New Patriotic Party (NPP) and the National Democratic Party (NDC). The Plaintiff alleges, for instance, that while Osagyefo Amoatia Ofori Panin II,
the Paramount Chief of the Akyem Abuakwa Traditional Area endorsed the presidential candidate of the NPP, President Nana Akufo-Addo, Nana Owusu Kontoh II, Omanhene of Mehame Traditional Area, endorsed the presidential candidate of the NDC, former President John Mahama.
According to the Plaintiff, such endorsements of presidential candidates by chiefs are impermissible, as, in his view, they conflict with Article 276(1) of the 1992 Constitution.
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