PROGRESSIVE PEOPLES PARTY (PPP) v. THE ATTORNEY GENERAL
2015
SUPREME COURT
CORAM
- ANSAH, JSC (PRESIDING)
- ANIN YEBOAH, JSC
- BAFFOE BONNIE, JSC
- GBADEGBE, JSC
- AKOTO BAMFO (MRS.), JSC
- BENIN, JSC
- AKAMBA, JSC
Areas of Law
- Constitutional Law
2015
SUPREME COURT
CORAM
AI Generated Summary
The Plaintiff, a political party, sued the Defendant, representing the Republic, claiming the government failed to provide free, compulsory, and universal basic education as mandated by the 1992 Constitution of Ghana. They also contended that the Education Act 2008 was inconsistent with the Constitution. The Supreme Court had to decide if the claims involved genuine constitutional interpretation or enforcement issues. After considering the submissions, the Court held that the claims did not raise any real issues of constitutional interpretation and that certain educational provisions had already been judicially interpreted in earlier cases. Therefore, the writ was dismissed, as the issues were better suited for a trial court.
AKAMBA, JSC:
On 14th May 2015 this Court unanimously dismissed the above writ, but we reserved our reasons. We now proceed to indicate the reasons for the said decision.
The Plaintiff is a duly established political party in Ghana. The Defendant is the nominal representative of the Republic. Plaintiff issued a writ in this Court on 31st March 2014 seeking seven reliefs.
RELIEFS SOUGHT
The reliefs were fashioned as follows:
“(a) A declaration that on the true and proper interpretation of articles 25 (1) (a) and 38 (2) of the 1992 Constitution, Government of Ghana had only twelve years commencing from January 7, 1993 to January 6, 2005 to have delivered to the Ghanaian Children of School going age free, compulsory and universal basic education and that the Government has failed in discharging the said constitutional duty imposed on her by the people of Ghana.
(b) A declaration that on the true and proper interpretation of articles 14 (1) (e), 25 (1) (a) and 38 (2) of the 1992 Constitution, the Government of Ghana has a constitutional duty to compel children of school going age within the Republic who refuse and or fail so to do to be at school without fail and that Ghana Government failure to so act thereto constitutes an omission that is inconsistent with the Constitution.
(c) A declaration that section 2 of Education Act, 2008, (Act 778) as amended, to the extent that it fails to provide for compulsion on the children of school going age who refuse and or fail to attend basic education instructions, to so attend, and also to provide for the law and procedure within which to exercise that compulsion, is an omission, that is inconsistent with and in contravention to articles 14 (1) (e), 25 (1) (a) and 38 (2) of the 1992 Constitution and that consequently, to the extent of such inconsistency, the said section 2 of the Education Act, 2008 (Act 778) is void and of no effect.
(d) A declaration that section 2 (6) of Education Act, 2008, (Act 778) as amended, to the extent that it derogates from 25 (1) (a) and 38 (2) of the 1992 Constitution, is inconsistent and in contravention of the Constitution and that consequently, to the extent of such inconsistency, the said section 2 (6) of Education Act, 2008 (Act 778) as amended is void and of no effect.
(e) An order directed at Government of Ghana to take steps forthwith to compel children of school going age within the Republic who refuse and or fail to attend a course of instructions at the basic school, to