A legal dispute has emerged over the renaming of Kotoka International Airport, as a Ghanaian citizen has taken the matter to the Supreme Court of Ghana, questioning the legality of the government’s decision.
The plaintiff, Austin Kwabena Brako-Powers, has filed a suit against the Attorney-General and Minister for Justice, arguing that the process used to rename the country’s main international airport was unconstitutional and lacked the necessary legal backing.
Legal grounds of the challenge
In his filing, Brako-Powers contends that the renaming of the airport from Kotoka International Airport to Accra International Airport violates existing laws. He specifically references the General Kotoka Trust Decree, 1986 NLCD 339, which he argues remains valid under Ghana’s 1992 Constitution. yen.com.gh
According to the suit, any attempt to change the airport’s name without first amending or repealing this law through Parliament is unlawful. The plaintiff is therefore seeking a declaration from the court that the executive action is null and void and of no legal effect. yen.com.gh
He further maintains that executive authority alone is insufficient to effect such a change, emphasizing that constitutional provisions require legislative involvement in matters governed by existing statutes. yen.com.gh
Reliefs sought
The lawsuit is asking the Supreme Court to:
- Declare the renaming unconstitutional
- Nullify any directive or action taken to change the airport’s name
- Restore the original name, Kotoka International Airport
Additionally, the writ directs the Attorney-General to respond within a specified period after being served. yen.com.gh
Background to the renaming controversy
The controversy follows the government’s recent decision to revert the airport’s name to Accra International Airport. The move has been part of a broader national debate about historical memory and democratic values.
Critics of the name “Kotoka” argue that it honours Emmanuel Kwasi Kotoka, a key figure in the 1966 coup that overthrew Ghana’s first president, Kwame Nkrumah. For many, continuing to commemorate Kotoka contradicts Ghana’s constitutional stance against unconstitutional rule. gbcghanaonline.com
This debate is not new. Civil society groups, including Democracy Hub and the Convention People’s Party, had previously initiated legal action seeking to remove Kotoka’s name from the airport, framing the issue as part of a broader effort to align national symbols with democratic principles. gbcghanaonline.com
Government’s position
Government officials have defended the renaming, arguing that it does not require parliamentary approval. They contend that the original naming of the airport after Kotoka was itself not backed by legislation, and therefore an executive decision is sufficient to reverse it.
However, this position is now being tested in court, where the interpretation of constitutional and statutory provisions will ultimately determine the legality of the move.
Constitutional implications
The case is expected to hinge on the interpretation of key provisions of the 1992 Constitution, particularly those relating to the hierarchy of laws and the limits of executive authority.
Legal analysts suggest that the outcome could set an important precedent regarding how historical decrees are treated under the current constitutional framework and whether executive actions can override them without legislative intervention.
A Defining legal battle
As the case proceeds, it is likely to attract significant public and legal interest, given its implications for governance, constitutional law, and national identity.
Beyond the question of a name, the lawsuit raises fundamental issues about the rule of law, the separation of powers, and how Ghana reconciles its past with its democratic present.