The Supreme Court (SC) of Ghana has set Thursday, March 26, 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 the Supreme Court, following the motion the party filed on November 14, 2015.
The party was represented by its legal team led by Dennis Owusu-Appiah Ofosuapea Esq, while the Deputy Minister for Justice and Attorney-General, Dr. Dominic Ayine, represented the State.
A seven-member jury presided over by Justice Julius Ansah asked the parties in the case—PPP and AG—to agree on issues to be tried at the hearing of the case.
Speaking to Today after the court hearing, National Secretary of the PPP, Kofi Asamoah-Siaw, said the parties [the PPP and the Attorney General] agreed that the Supreme Court should determine whether or not the Plaintiff’s action raises any real or genuine issue of interpretation or enforcement of any provision of the 1992 Constitution?; whether or not articles 14(1) (e), 25(1)(a), and 38(2) of the 1992 Constitution impose any duty on Government of Ghana to compel children of school going age who fail or refuse to be in school to attend school?
The rest, he said, were whether or not Government of Ghana has failed to discharge the duty imposed on her by articles 14(1) (e), 25 (1) (a), and 38 (2) of the 1992 Constitution; whether or not section 2 of the Education Act, 2008 (Act778), is inconsistent with and in contravention of articles 14 (1) (e), 25 (1) (a), and 38 (2) of the 1992 Constitution and whether or not Government of Ghana failed to deliver to Ghanaian children of school going age Free, Compulsory Universal Basic Education within the constitutional timeframe of January 7, 1993 to January 6, 2005?
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 as well compel government to implement the compulsory aspect of the policy as enshrined in the 1992 Constitution.
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