Mannan Vrs The Attorney-general & Anor [2022] GHASC 48 (27 July 2022)

Mannan Vrs The Attorney-general & Anor [2022] GHASC 48 (27 July 2022)

The majority held that the introduction of Section 43 of Act 1019 without adequate debate and without an explanatory memorandum detailing the policy change violated both the letter and spirit of Article 106 of the Constitution. The lack of debate and transparency in the legislative process for such a significant policy shift was found to be unconstitutional. Accordingly, Section 43 was struck down as unconstitutional.

Citation
[2022] GHASC 48
Parties
Plaintiff: Ezuame Mannan; 1st Defendant: Attorney-General; 2nd Defendant: Speaker of Parliament
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
27 July 2022
Procedural Posture
Constitutional Petition / Judgment
Outcome
Section 43 of the Narcotics Control Commission Act, 2020 (Act 1019) struck down as unconstitutional (majority); dissenting opinions would have dismissed the petition.
Legal Topics
Judicial Review, Supremacy of Constitution, Parliamentary Procedure, Interpretation of Statutes, Directive Principles of State Policy
Source Language
English
Constitutional Law Legislative Procedure International Law Judicial Review Supremacy of Constitution Parliamentary Procedure Interpretation of Statutes Directive Principles of State Policy

Case Brief

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Parties

Ezuame Mannan

Plaintiff

Attorney-General

1st Defendant

Speaker of Parliament

2nd Defendant

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether Section 43 of the Narcotics Control Commission Act, 2020 (Act 1019) was enacted in violation of Articles 106(2)(a),(b), 106(5), and 106(6) of the 1992 Constitution
  2. 2 Whether Section 43 is inconsistent with Ghana's obligations under Article 40(c) of the 1992 Constitution and international treaties
  3. 3 Whether Section 43 contravenes the Directive Principles of State Policy under Articles 35(2), 36(9), and 36(10)

Ratio Decidendi

The majority held that the introduction of Section 43 of Act 1019 without adequate debate and without an explanatory memorandum detailing the policy change violated both the letter and spirit of Article 106 of the Constitution. The lack of debate and transparency in the legislative process for such a significant policy shift was found to be unconstitutional. Accordingly, Section 43 was struck down as unconstitutional.

Court Disposition

Section 43 of the Narcotics Control Commission Act, 2020 (Act 1019) struck down as unconstitutional (majority); dissenting opinions would have dismissed the petition.

Orders

  • Section 43 of Act 1019 is declared null and void and struck down as unconstitutional.