[ad_1]
The Supreme Court approved state participation in the construction of a national cathedral and the establishment of a Hajj council to coordinate the Muslim pilgrimage to Mecca.
In a unanimous decision rendered yesterday at the Court, a seven-member court dismissed an action challenging the two acts committed by the state on the grounds that the plaintiff, Mr. James Kwabena Bomfeh, had not raised genuine demand for constitutional interpretation or execution by the court. .
Useful links Ghana Politics | Ghana celebrity news | News in Ghana
Bomfeh, Acting Secretary General of the Convention People's Party (CPP), had invoked the original jurisdiction of the Supreme Court, arguing that Ghana was a secular state and that it was therefore unconstitutional for the state to rule the construction of the national cathedral. and also establish the Hajj's advice.
No preferential treatment
But, according to the court, the state did not violate any provision of the 1992 Constitution because the construction of a national cathedral and the creation of a Hajj council did not mean that the state had granted preferential treatment to the Christianity or Islam. to badimilate excessively to religion by the state.
Ghana News Titles
For the latest news from Ghana, visit the Graphic Online titles page
Ghana news headlines.
It also stated that the two acts did not constitute a violation of the 1992 Constitution, in that they had prevented anyone from practicing his religion, nor discriminated against him in any way. religion.
Instead, the Supreme Court ruled that the state-sponsored Hajj National Cathedral and Board of Directors were designed to promote social cohesion and unity in the country, as more than 88 % of its population is composed of Christians and Muslims.
"The Constitution does not prohibit the state from collaborating with religious groups. it rather prohibits the imposition of a religion by the state, "he said.
For news from Ghana | Ghana Business News | News in Ghana
The judgment was read by the presiding Judge, Judge Sophia Adinyira.
The other members of the committee were Judges Jones Dotse, Anin Yeboah, Sule Gbadegbe, Anthony A. Benin and Vida Akoto-Bamfo.
The case of Bomfeh
Mr. Bomfeh, through his lawyer, Dr. Basit Aziz Bamba, had argued that the state-run national cathedral and the Hajj council were unconstitutional because they showed that the country had deliberately helped, sponsored, supported and offered special treatment to Christianity and Islam. manifest violation of Articles 17 (2), 35 (5) and 37 (2) of the 1992 Constitution.
Article 17 (2) denounces discrimination against persons based on religion, while Articles 35 (5) and 37 (2) deal with the guiding principle of the politics of religion. State and the need for the state to prohibit discrimination for all reasons, including religion. that the state ensures that every citizen enjoys the same right.
The plaintiff wanted the court to interpret the above-mentioned constitutional provisions and make certain statements in support of his arguments.
Under the Constitution, the state was not to offer any support to any religion, but if it wished to offer such support, this support was to be granted to all religions and not only to Christianity and the Church. 39; Islam.
In addition, he baderted that a law was to be pbaded by Parliament to support any state support for any religion.
"Ghana is a secular state and must therefore be indifferent to religion and must not confer any benefit to any religion in particular," said the council.
The applicant also wanted the court to apply Articles 258 and 265 of the Constitution, which deal with the Land Commission, in support of his other argument that President Nana Addo Akufo-Addo Dankwa allegedly acted unlawfully in attributing the ground to the construction of the cathedral. .
The case of A-G
The State, represented by a Deputy Attorney General (AG), Mr. Godfred Yeboah Lady, argued that the complainant had not raised any argument in favor of an interpretation or a of a constitutional execution and that he therefore did not invoke the jurisdiction of the court.
He further argued that the complainant had misinterpreted the idea of secularism, as secularism did not mean that the state should "totally ignore or ignore the religiosity of the population in the taking and implementation of political decisions for a just and free society ".
Judgment of the court
In its judgment, the court sided with the A-G and concluded that the complainant did not effectively invoke the court's jurisdiction to interpret or apply the provisions of the Constitution.
According to the court, all the constitutional provisions on which the plaintiff sought an interpretation were clear and unambiguous.
He cites extensively in the 1992 Constitution to show that Articles 17, 35, 37, 258 and 265 are clear and require no interpretation.
"We find no ambiguity in the constitutional provisions. The words are explanatory, simple and easy to understand, "he said.
The court also ruled that President Akufo-Addo had not violated the Constitution by allocating land for the construction of the National Cathedral, as the Constitution confers on the president all public lands.
"The claimant has not demonstrated that the award was made without consultation with the Land Commission," he said.
With regard to the fact that the Hajj National Cathedral and the Hajj Board of Directors planned or not Christianity and Islam on other religions, the court ruled that it was not necessary for the Hajj. was not the case.
"To give a hand to a religion does not mean that the state has projected this religion on others," he added.
Context
President Nana Addo Dankwa Akufo-Addo gave way to the construction of the National Cathedral on March 6, 2017 as part of the events marking the 60th anniversary of Ghana's independence.
Funding for this 5,000-seat building must come from individuals belonging to the Christian community.
Government plans to demolish houses, including housing judges, on the ground around Ridge in Accra to allow the construction of the cathedral sparked a debate.
Email of the author: This email address is protected from spam. You must enable JavaScript to view it.
Source link
