31 December coup commemoration: AG wants case dismissed, backs NDC

The Attorney-General (AG) wants the lawsuit brought before the Supreme Court, challenging the continuous commemoration of the 31st December, 1981 coup d’état to be dismissed.

According to a Citi News report, the proposed statement of claim filed by Grace M-Ewoal, the Chief State Attorney, the AG argues that Professor Stephen Kwaku Asare, who brought the matter before the courts, has no case.

The A-G’s statement further avers that Professor Asare failed to demonstrate how the National Democratic Congress’ (NDC’s) annual commemoration of 31st December, which toppled the administration of Dr. Hilla Limann offends the letter and spirit of the 1992 Constitution of Ghana, for which reason the courts must give orders to stop its commemoration.

Stephen Kwaku Asare, a constitutional law advocate and Professor of Accounting, has filed a suit at the Supreme Court challenging the constitutionality of the annual commemoration of the 31 December coup d’etat which he argues is inconsistent with the letter and spirit of the 1992 Constitution.

He is ultimately asking the apex court to direct the NDC to cease and desist from holding the annual ceremonies.

But the AG in its proposed statement of claim says the “use of public space which is funded or maintained with public funds to commemorate the event defeats the purpose of the decision in NPP v. Attorney-General which seeks to bar the use of public funds in the celebration of the event.”

The AG has prayed the Supreme Court for more time to enable it file its Statement of Case.

In an application to the Court, the AG acknowledged the failure to file within the stipulated fourteen-day period, saying it was borne out of administrative lapses and not disrespect to the Bench.