Wednesday 19th June 2024
The Apex Court of Ghana this afternoon dismissed an action by Mark Darlington (a private citizen) seeking the enforcement and original jurisdiction of the Supreme Court under Articles 2(1) and 130(1) of the Constitution, 1992.
Mark Darlington (“Plaintiff”) contends that the 2016 guidelines issued by the Food and Drug Authority (FDA) pursuant to its powers sins and offends the Constitution, 1992 and same should be declared void.
Specifically, the Plaintiff took issue with guideline 3.2.10 which prohibit alcoholic beverage companies from employing “well-known personalities or professionals,” such as celebrities and sports figures, in alcoholic beverage advertising.
The Plaintiff’s case was that this guideline is discriminatory because it contravenes Article 17 of the Constitution,1992 as that said provision guarantees equality before the law and further prohibits discrimination against any person on grounds of economic or social status.
The (FDA) established under the Public Health Act, 2012 (Act 851),and tasked with setting and enforcing standards in the sale of food, drugs, substances, and other related products vigorously contested the Plaintiff’s claim.
Through the Attorney General, the FDA argued that for the purposes of safeguarding the public’s interest and given the huge influences of celebrities especially in the era social media, there was the need to balance the rights and freedoms of the Plaintiff as stipulated in the constitution viz a viz the interest of the general public. The FDA further argued that rights and freedoms no matter their nature are not absolute; they are subject and subordinated to higher ends in appropriate circumstances, including public safety.
Essentially, the Supreme Court was being called upon to decide, on one hand the duty and power of the State to act through its institutions such as the FDA( in protecting the health and morals of impressionable minors and on the other hand the constitutional/economic rights of famous Ghanaians in advertising alcoholic products.
The Supreme Court, choosing the former, ruled/found that guidelines 3.2.10, issued by the FDA is not unreasonable and excessive, nor does same contravene article 17 (1) (e), 2 of the constitution, 1992.
The PLAINTIFF’s Action was thus dismissed entirely with full judgement to be issued by the court on Friday 21st June 2024
