Sources close to the opposition National Democratic Congress' legal team say the party intends to urge the Supreme Court to dismiss a case seeking to stop its founder, Jerry John Rawlings, from celebrating the overthrow of Dr Hilla Limann.

The team takes the view that the celebration is an important event that affords it the opportunity to inform and remind its members and supporters of its values, particularly, the values of probity, transparency, and accountability.

The party says it is a solemn event that reminds members of the need to combat corruption, mismanagement, and abuse of power.

Historical facts giving rise to case

Prof Asare wants Ghana’s largest opposition party to be barred from commemorating December 31. This is the day in 1981 that the constitutionally-elected government of Dr. Hilla Limann was ousted in a coup led by Jerry John Rawlings.

Mr. Rawlings became Chairman of the Provisional National Defence Council (PNDC) that governed the country till 1993 when Ghana returned to constitutional rule with the NDC winning power.

Prof Asare’s case

Prof. Asare argues the commemoration of the events is inconsistent with the letter and spirit of the 1992 constitution. He relies heavily on the case of the New Patriotic Party v Attorney-General [1993-1994] 2 GLR 35 to make his case.

In that case, the Supreme Court held that it was unconstitutional for December 31 to be marked as a public holiday. State funds are also not to be used for such celebration.

The day has however been consistently marked by the NDC with a commemoration event often heralded with Former President Rawlings delivering a keynote address. Prof Asare wants this to stop.

He wants a declaration that the celebration or commemoration of the December 31 overthrow of the Constitution, 1979 in a public forum is inconsistent with or is in contravention with the letter and spirit of
the Constitution, 1992.

He wants an order to be directed at the National Democratic Congress (NDC), its founder, executives, agents, assigns, privies, servants, and whomsoever of whatever description to cease and desist from the celebration or commemoration of the day.

He also wants the government to desist from renting 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.

Attorney General’s view

Documents filed by the AG’s office sighted by JoyNews disagrees with this view. The Office first argues that the Supreme Court’s jurisdiction has not been appropriately triggered. It makes reference to article 2(1) of the 1992 constitution that spells out the cause of action for a constitutional matter to be a violation of the constitution or a genuine case for the interpretation of the constitution.

Alternate argument by Attorney General’s Office

The AG’s office however contemplates the possibility that the Apex Court may proceed to hear the matter and therefore makes alternative arguments on the merits of the case.

The document filed by Mrs. M-Ewoal at this stage of the argument admits that there is merit in the claim that the use of public space for the event is problematic.

This, the Chief State Attorney says defeats the purpose of the decision in NPP v AG because public spaces are funded and maintained with public funds.

She adds also that the NDC as a creature of Ghana’s constitution is required to promote its values and aspirations by its words and deeds .

“… celebrating a day which brings bad memories to a section of the population flies in the face of good conscience”.

The NDC’s case

The party, sources say, intends to demonstrate to the Supreme Court that it has so far commemorated the event without using public funds and neither has it coerced anyone into observing it as a public holiday.

It will further point out that should the court grant the reliefs Prof.Asare is seeking, freedom of association, assembly, and expression will be curtailed.

The party further holds the view that the case does not raise any genuine, real and substantial issue of constitutional enforcement. The party says once it’s commemorative event is in line with the decision in NPP v AG, it wonders why Prof. Asare will want to rely on that case as anchor for his disagreement with the December 31 event.

It therefore will argue as the AG intends to do that the case raises no interpretation or enforcement issue and should be dismissed.

The NDC, JoyNews is learning has instructed the law firm of Aziz Bamba and Associates to represent it in this case.