NEW PATRIOTIC PARTY v. ATTORNEY-GENERAL

JUDGMENT OF ARCHER CJ.

On 24 February 1966 this country witnessed the first coup d'etat in her political history. The government of the First Republic was overthrown by the Ghana Armed Forces in collaboration with the Ghana Police Force. A Proclamation was issued conferring both the legislative and executive powers of the State on a National Liberation Council. The judiciary remained unscathed after the Proclamation which suspended the Constitution, 1960 of the First. Republic which came into force on 1 July 1960.

On 22 August 1969 the Second Republican Constitution came into force and the Constitution, 1960 was abrogated. Part IV of the transitional provisions in the Constitution, 1969 granted indemnity to those who staged the Coup on 24 February 1966. Chapter 9 of the [p.44] Constitution, 1969 vested the judicial power of Ghana in the judiciary. Article 102(3) of the Constitution, 1969 guaranteed the independence the judiciary. For the first time in the legal history of this country, the American concept of the doctrine of separation of powers could be discerned throughout that document, namely the powers of the legislature, the executive and the judiciary.

On 13 January 1972 there was yet another coup d'etat and the Constitution, 1969 was suspended by a Proclamation which establish a National Redemption Council (NRC) to be succeeded for a brief period by a Supreme Military Council (SMC) until 4 June 1979 when the Armed Forces Revolutionary Council. (AFRC) took over from Supreme Military Council.

On 24 September 1979 the Third Republican Constitution, 1979 came into force. At this stage, it must be pointed out that the doctrine of separation of powers still pervaded the Second and Third Republican Constitutions and in substance there was not much difference in the substance and wording of the two Constitutions except that in the Second Republican Constitution there was a provision for a ceremonial President and a Prime Minister whereas the Third Republican Constitution reintroduced the presidential system of government.

On 31 December 1981 there was another coup d'etat and by a Proclamation, the Provisional National Defence Council (PNDC) was established and it governed this country until 7 January 1993 when Fourth Republican Constitution, 1992 came into force and the present government known as the National Democratic Congress with two other parties, the National Convention Party and the Egle Party, formed alliance and assumed the reins of govern