Ala Adjetey vs Martin Amidu: The battle that prevented 31st December from being a public holiday.
The political landscape of Ghana is deeply intertwined with the events of December 31, 1981, marking one of the country’s four coups and the last, albeit the most contentious, coup d’état in its political history. However, the significance of this historical event could have been more pronounced had it not been for the legal battle waged by the New Patriotic Party (NPP) in 1993-1994. This legal contest revolved around the attempt by the National Democratic Congress (NDC) government to establish December 31 as a public holiday in commemoration of the coup that ousted the democratically elected Limann government.
The NPP, led by the late Peter Ala Adjetey as lead counsel, vehemently opposed this move. On December 19, 1993, the government, through the Interior Minister, declared December 31 a public holiday, symbolizing the day of the arrival of “probity and accountability.” In response, the NPP approached the Supreme Court, seeking two reliefs that would nullify the government’s declaration.
The reliefs sought included a declaration that public celebration and financing of the overthrow of the legally constituted government on December 31, 1981, were inconsistent with the Constitution. Additionally, they requested an order directing the government to cancel all preparations for the celebration and refrain from using public funds for such an event.
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The legal battle saw the state, represented by the Attorney-General, Martin Amidu, challenging the court’s jurisdiction over matters involving decisions taken by another arm of government. Amidu argued that the government had already budgeted for the celebration, rendering the plaintiff’s claim about misappropriation of state resources irrelevant.
In the midst of the legal proceedings, the NPP also sought an interlocutory injunction to halt the celebration on December 31, 1994, before the substantive case was heard. The Chief Justice swiftly convened an 8-member jury to deliberate on the injunction case, recognizing its potential impact on the larger legal contest.
In a landmark decision, the Supreme Court sided with the NPP. The court held that celebrating the December 31 coup with public funds undermined the constitutional duty of Ghanaians to defend against any attempts to overthrow the constitution. The ruling underscored the court’s commitment to upholding constitutional principles and resisting actions that could weaken the nation’s resolve to protect its democratic foundations. This legal battle, etched into Ghana’s political history, reflects the intricate interplay between legal processes and historical narratives.
NPP vs Attorney-General .pdf – Google Drive
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