Constitutional law Professor, Stephen Kwaku Asare, has dragged the National Democratic Congress (NDC) to the Supreme Court over the latter’s celebration of December 31, which saw the overthrow of the 1979 Constitution.
The United States (U.S) based legal practitioner sued the NDC and joined the Attorney General (A-G) as a defendant.
The plaintiff is asking a seven-member panel of judges presided over by Justice Jones Dotse to declare that by the combined effect of Articles 3(3)(4), 35(1)(4)(5), 41(b)(d), 55(5)(11)(12)(17), 15(1) and 15(2)(b) that celebration or commemoration of the December 31 overthrow of the Constitution, 1979 by the NDC is inconsistent with or is in contravention with the letter and spirit of the Constitution, 1992.
He urged the court to make an order directed at the NDC, 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.
Prof. Asare wants the court to order 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.
The plaintiff asked the court to grant any other reliefs that it deems necessary in exercise of its legal equitable powers plus for court expenses and legal service fees.
Meanwhile, the court has given the A-G being represented by Gloria Ewoal, a Chief State Attorney, 10 days to file its statement of case.
This was after the A-G had filed a motion asking for extension of time to file its affidavit in opposition.
The case was adjourned sine dine (till further notice), so that the NDC can serve its response on the plaintiff.