Full judgement: Covid-19 restriction imposition Act 1019 founded on wrong constitutional provision – SC

The Supreme Court has said Act 1012 which was used by government to impose restrictions on Ghanaians during the COVID-19 era was founded on wrong constitutional provision.

In a unanimous decision of the panel of seven on May 31, 2023, declared as unconstitutional the law that allowed the President Nana Addo Dankwa Akufo-Addo to impose restrictions during the Covid-19 pandemic.

The panel chaired by Justice Jones Dotse, (now retired) in a 32-paged reasoned judgment released on June 12, said “The supremacy of the Constitution is upheld in this case.”

“We believe that Act 1012 is founded on the wrong constitutional provision, I.e., Article 21(4), which only sanctions laws that restrict a continuing application.,” the Supreme Court declared.

The court said, “Act 1012, being an Act of Parliament that authorizes the taking of measures ni the event oreminence of an emergency ni one body, i.e the executive, is inconsistent with Articles 21, 31 and 32 of the Constitution, 1992 and is hereby declared unconstitutional and, therefore, hull and void.”

The writ was issued by Prof Kwadwo Appiagyei-Atua, Dr Sena Dei-Tutu, Felicity Nelson, Benjamin Darko, Samson Lardy Anyenini, Golda Addo, Democracy Hub LBG and Democratic Accountability Lab LBG through their lawyers led by Dr Justice Srem Sai against the Attorney General.

Other members of the apex Court panel that delivered the judgment on May 31, 2023, are Justice Nene Amegatcher, Justice Prof. Nii Ashie Kotey, Justice Avril Lovelace-Johnson, Justice Amadu Omoro Tanko and Justice Emmanuel Yonny Kulendi.

Attached is the full reasoning of the Supreme Court judgement delivered on May 31, 2023