The Supreme Court (SC) of Ghana has set Thursday, May 14, 2015 for the final determination of the case on the Free Compulsory Universal Basic Education (FCUBE) involving the Progressive People’s Party (PPP), the plaintiff, and the Attorney-General (A-G), the defendant.
The PPP yesterday went to court for the final judgment on the FCUBE matter, but a seven-member jury presided over by Justice Julius Ansah adjourned the judgment, following the absence of one of the justices.
The party was fully represented by its legal team led by Somuah Asamoah, its 2012 flag-bearer, Dr. Papa Kwesi Nduom, National Chairman, Nii-Allotey Brew-Hammond, and a host of other national executives.
The State was represented by deputy Minister for Justice and Attorney-General, Dominic Ayine.
Speaking to Today after the adjournment, National Secretary of the PPP, Kofi Asamoah-Siaw, who was also in court, though expressed disappointment over the delay in the judgment, he was optimistic that judgment would go PPP’s favour and for that matter Ghana.
His worry was that it had been a year now since the PPP hauled the State before the Supreme Court for further interpretation on the FCUBE.
“It has been a year now since we sent this case to the Supreme Court so it is understandable if we are not happy with the adjournments. However, we know we will have a favourable judgment at the end of the day,” he expressed.
The PPP’s national scribe pointed out that what the party was doing was for the interest of the country and for that matter nobody should think otherwise.
He reiterated the PPP’s commitment to ensure that certain portions of the 1992 Constitution like where the same AG serves as the minister of Justice are amended for the purpose of good governance. Mr. Asamoah-Siaw expressed confidence in the jury, saying “we know Ghana will win this case so as to see the full implementation of the FCUBE policy, especially with the compulsory aspect.” It would be recalled that the PPP on March 31, 2014 filed a writ at the Supreme Court seeking to, among other things, have a further interpretation of the FCUBE and also compel government to implement the compulsory aspect of the policy as enshrined in the 1992 Constitution.
The PPP’s reliefs, among other things, seek to have “a declaration that on the true and proper interpretation of Articles 25 (1) (a) and 38 (2) of the 1992 Constitution, Government of Ghana had only twelve years commencing from January 7, 1993 to January 6, 2005 to have delivered to the Ghanaian children of school going age free, compulsory and universal basic education and that the government has failed in discharging the said constitutional duty imposed on her by the people of Ghana.”
It is further praying the Supreme Court to render the true and proper interpretation of Articles 14 (1) (e), 25(1) (a) and 38 (2) of the 1992 Constitution that say, “the Government of Ghana has a constitutional duty to compel children of school-going age within the Republic who refuse and or fail so to do to be at school without fail and that the Ghana Government’s failure to so act thereto constitutes an omission that is inconsistent with the constitution.”
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