A private legal practitioner, Prof. Stephen Kwaku Asare, aka Kwaku Azaa, has sued the opposition National Democratic Congress (NDC) over its continuous commemoration of the December 31 Revolution which overthrew the constitutionally elected government of Dr. Hilla Limann in 1981 by the then junta leader, Flt. Lt. Jerry John Rawlings.
After overthrowing the constitutionally elected government, former President Rawlings formed the Provisional National Defence Council (PNDC) which ruled for 11 years and metamorphosed into the NDC after Ghana returned to constitutional rule with the 1992 election.
The NDC held on to power with Mr. Rawlings as head until December 2000 when the New Patriotic Party (NPP) led by John Agyekum Kufuor defeated them.
According to the plaintiff, although the commemoration was declared by the Supreme Court to be unconstitutional and should not be marked with public funds, the continuous use of public properties, rented or otherwise by the NDC for the celebration is in contravention of the 1992 Constitution.
He is seeking a declaration that the celebration or commemoration of the December 31 overthrow of the Constitution is inconsistent with or is in contravention with the letter and spirit of the Constitution.
Overthrow
The constitutionality of the commemoration of the December 31, 1981 revolution that overthrew the Hilla Limann government was tested at the Supreme Court when the NPP sued the then Attorney General over the celebration.
The court ruled in favour of the NPP and held, among other things, that because the 1992 Constitution enjoins Ghanaians to defend and resist any attempt to overthrow the Constitution, the celebration of the December 31 coup with public funds weakens the obligations on Ghanaians to defend and protect the Constitution.
The NDC, however, over the years, continued to commemorate the day with durbars and celebrations across the country when they were in office and had continued even in opposition.
Last year, for instance, the party marked the 38th anniversary of the overthrow in Winneba in the Central Region with the architect of the revolution, former President Rawlings, in attendance.
Former President John Dramani Mahama who was also there, later took to social media platform ‘Facebook’ where he posted “I participated in a wreath laying ceremony and durbar today in Winneba to commemorate the 38th anniversary of the 31st December Revolution.”
Suit
But Prof. Asare is now challenging the party for its continuous commemoration of the day in the public fora.
He is seeking an “order directing the National Democratic Congress, its founder, executives, agents, assigns, privies, servants and whomsoever of whatever description to cease and desist from the celebration or commemoration of the December 31 overthrow of the Constitution, 1979.”
Again he is seeking “an order directing the government to cease and desist from the renting of public fora to the National Democratic Congress or other public associations for the celebration or commemoration of the December 31 overthrow of the Constitution, 1979.”
Court Order
Meanwhile, the Supreme Court, presided over by Justice Jones Dotse and assisted by Justices Yaw Appau, Samuel Marful-Sau, Nene Amegatcher, Prof. Nii Ashie Kotei, Agnes Dordzie and Lovelace Johnson, has dismissed an application by the plaintiff praying the court to adopt its reliefs due to the failure of the respondents – the NDC and the Attorney General, to respond to the suit on time.
Besides, the court granted an application by the AG’s Department for an extension of time to file its statement of case.
The AG has 10 days within which to file the statement of case. The case was adjourned indefinitely.
BY Gibril Abdul Razak