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31st December: Supreme Court directs AG to respond to case challenging 1981 revolution

The country’s apex court has asked the Attorney General to within 10 days, file a statement of the case in the matter questioning the constitutional basis of the NDC’s continuous commemoration of the 31st December 1981 revolution.

An accounting professor at the Fisher School of Accounting, Stephen Kwaku Asare on February 20 this year filed a case at the Supreme Court demanding a declaration on the constitutionality or otherwise of the annual commemoration of December 31, given that it was a day when the 1979 constitution was ‘overthrown’.

Prof. Asare also wants the Court to stop the National Democratic Congress from observing the event, and to direct government to cease renting out public spaces to the NDC for such purposes.

The Supreme Court in a landmark decision stopped the state from the NDC from celebrating the day via state sponsorship.

The Court’s reasoning was in tandem with arguments made by the NPP, the plaintiff in that matter, that commemorating the 31st December 1981 coup with state funds was unconstitutional and indefensible.

The event has since continued to be celebrated without state support.

But Professor Asare’s argument in the pending case is that, the NDC should be disallowed from commemorating the event in whatever shape or form.

The case is being heard by Justices Yaw Appau, Samuel Marfo Sau, Agnes Dodze, Nene Amegatse, Professor Ashie Kotei and Lovelace Johnson, presided by Justice Jones Dotse.


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