Contemporary Constitutional Issues in our Multiparty Democracy “the result was that the Appellants and many others in Ghana who were detained under similar orders remained in prison from the dates of their arrests and detentions in or about 1959 until they were released only after the coup d'etat of 24 th February, 1966, after some of them had been in prison for some 8 years without trial. The effect of the judgment was that Ghanaians were left without any protection whatsoever against arrest and detention for whatever reason as long as the head of state could declare that such arrest and detention was necessary to prevent the persons concerned from acting in a manner prejudicial to the safety or security of the State.” 3 After the bitter decision of Re Akoto endorsing human rights abuses of that time, the good people of Ghana decided to entrench human rights in their Constitutions beginning with the 1969 Constitution. Today, Chapter 5 of the 1992 Constitution does not only make elaborate provisions for the fundamental rights of the people, but also provides for an effective and efficient mechanism for their enforcement. 4 The Supreme Court has also progressed in a positive direction since Re Akoto. In the recent case of Ghana Lotto Operators Association v. National Lottery Authority [2007-2008] SCGLR 1089, the court held that a presumption of justiciability in respect of Chapter 6 of the 1992 Constitution, dealing with the Directive Principles of State Policy, would strengthen the legal status of Economic, Social and Cultural rights(ESC Human Rights) in Ghanaian jurisdiction. The court reasoned that the strengthening of the enforcement of fundamental human rights is a core value of the current legal and constitutional system. A presumption of justiciability in relation to the provisions of Chapter 6, therefore, provides a better framework for the analysis and protection of ESC Rights. In this regard, the court observed that the economic objectives set out in article 36 of the 1992 Constitution are legally binding and are not merely a matter of conscience for successive governments of our land. Ghana Lotto Operators Association v. National Lottery Authority is a marked departure from the bitter experience of Re Akoto. It is hoped that the Supreme Court will continue in this positive direction. 3 Ibid 4 Awuni v. West African Examination Council[2003-2004] 1 SCGLR 471 3
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Contemporary constitutional issues in our multiparty democracy : 22nd April, 2009, British Council Hall, Accra ; 2009 Annual Law Week celebration, Ghana School of Law, 20th - 26th April. 2009
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