Supreme Court will deliver its judgement on the case filed by Mark Darlington Osae challenging the ban on celebrities appearing in alcoholic advertisements.
The seven-member panel of the apex court has previously deferred its judgement twice, most recently on May 8, 2024.
The Food and Drugs Authority (FDA) issued a directive prohibiting celebrities from endorsing alcoholic beverages.
This measure aims to prevent minors from being influenced by celebrities to consume alcohol.
Mark Osae, manager of Reggie ‘N’ Bollie and Skrewfaze, filed a writ at the Supreme Court on November 11, 2022, contesting the FDA’s 2015 regulations as discriminatory against the creative arts industry.
Osae, who is also a music publisher at Perfect Note Publishing, seeks to have the Supreme Court invalidate the FDA’s regulation.
Mr. Osae, the Chairman and Co-Founder of the Ghana Music Alliance, stated that the FDA directive, which ordered that “no well-known personality or professional shall be used in alcoholic beverage advertising,” is inconsistent with and in contravention of Articles 17(1) and 17(2) of the 1992 Constitution.
Mark Darlington Osae argues that Articles 17(1) and 17(2) of the 1992 Constitution guarantee equality before the law and prohibit discrimination based on social or economic status and occupation, making the directive null, void, and unenforceable.
Before Osae took the matter to the Supreme Court, several stakeholders in the creative industry, such as Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, voiced their opposition to the directive and urged its repeal.
The FDA’s directive prevents celebrities from promoting alcoholic beverages through any medium. This policy is part of the Ghanaian government’s efforts to shield children and young people from alcohol advertising.
However, Osae contends that this child protection measure would deny the entertainment industry valuable income opportunities.
In his writ filed on November 11, 2022, Osae claims that certain aspects of the FDA’s 2015 regulations discriminate based on economic status and occupation, among other factors.
The artist, manager, and music publisher are thus asking the Supreme Court to declare unconstitutional the guidelines stipulating that “No well-known personality or professional shall be used in alcoholic beverage advertising.”
Reliefs Sought:
(a) A declaration that, on a true and proper interpretation of Articles 17(1) and 17(2), which guarantee equality before the law and prohibit discrimination against persons on grounds of social or economic status, occupation, among others, Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on February 1, 2016, which provides that “No well-known personality or professional shall be used in alcoholic beverage advertising,” is discriminatory, inconsistent with, and in contravention of Articles 17(1) and 17(2) of the 1992 Constitution, and thus unconstitutional.
(b) A declaration that, on a true and proper interpretation of Articles 17(1) and 17(2), Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on February 1, 2016, which prohibits well-known personalities and professionals from advertising alcoholic products, is inconsistent with and in contravention of Articles 17(1) and 17(2) of the 1992 Constitution, which guarantee equality before the law and prohibit discrimination against persons on grounds of social or economic status, occupation, among others, and consequently null, void, and unenforceable.
(c) An order striking down Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on February 1, 2016, as being inconsistent with and in contravention of the letter and spirit of the 1992 Constitution, and as such nullified.
(d) An order of perpetual injunction restraining the Defendants, their agents, servants, or assigns under the pretext of acting under Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on February 1, 2016, from doing anything to prevent any well-known personality or professional from advertising alcoholic products.