A Ghanaian citizen has challenged the government’s decision to rename Kotoka International Airport (KIA), citing a breach of the Constitution.

The plaintiff, a private legal practitioner, Austin Kwabena Brako-Powers, filed the suit on March 13, invoking the Supreme Court’s original jurisdiction.

In the writ submitted by the plaintiff’s lawyers at the apex court in Kumasi, Mr. Powers requested about seven reliefs, stating that the renaming of the airport is “in contravention of the law, Article 11(1)(d)… and paragraph 8(1)(a) of the General Kotoka Trust Decree, 1969 (NLCD 339).” He argued that until the law is changed or repealed through the proper procedures, it “remains valid and binding.”

NLCD 339 created a corporate trust in Kotoka’s name, appointed patrons and trustees, established a fund, and set out rules for its management and accountability. His lawyer, Michael Akosah of Adu-Gyamfi & Associates, submitted the writ in Kumasi.

“Any executive order purportedly issued to effect the renaming of Kotoka International Airport to Accra International Airport… is null, void, and of no legal effect,” he stated in the filing.

It continued: “An order annulling the reversion of the Kotoka International Airport to Accra International Airport for contravening Article 11 of the Constitution of the Republic of Ghana, 1992, and paragraph 8(1)(a) of the General Kotoka Trust Decree, 1969 (NLCD 339).”

He further contends that the decision to rename the airport, announced by the government as part of a broader transport sector rebranding, breaches Articles 11(1)(d) and 11(4) of the 1992 Constitution.

The plaintiffs are seeking an interim injunction to halt the implementation of the proposed renaming pending the determination of the case, and a perpetual injunction to permanently restrain the government from enforcing the decision unless the applicable law is duly amended, repealed, or set aside.

“An order of perpetual injunction restraining the Government, through the Ministry of Transport, its assigns, agents, privies, or any person acting under its authority, from implementing or enforcing the purported renaming unless and until NLCD 339 is lawfully amended, repealed, or nullified. Any further or consequential orders as this Honourable Court may deem fit,” it added.

What right does he have to sue the state?

Mr Powers cited his right as a citizen as one of the bases for seeking such relief, adding that the move is not just in his personal interest but in the interest of the general public, emphasising the need to protect the 1992 Constitution as Ghana’s supreme law.

“The Plaintiff herein, a citizen of Ghana and a registered voter, invokes the original jurisdiction of this Honourable Court pursuant to Articles 2(1) and 130(1) of the Constitution of the Republic of Ghana, 1992, for the enforcement and interpretation of the Constitution. The Plaintiff is acting not only in his own interest, but in the general interest of Ghanaians to safeguard the primary law of Ghana, the 1992 Constitution,” he continued.

The suit was filed under Rule 45(1) of the Supreme Court Rules, 1996 (C.I. 16), and the Attorney-General has fourteen days from the date of service to respond.

“IN THE NAME OF THE REPUBLIC OF GHANA, you are hereby commanded, within fourteen days after service on you of the statement of the Plaintiff's case, inclusive of the day of service, to file or cause to be filed for you a statement of the defendant's case in an action at the suit of…,” Mr. Powers stated.

Kotoka International Airport was named after Lt. Gen. Emmanuel Kwasi Kotoka, one of the key figures in the 1966 coup that ousted Dr Kwame Nkrumah.

He was killed a year later during a counter-coup attempt, and the airport was subsequently named in his honour.

The proposed renaming sparked public debate, with some questioning the necessity and others pointing to the historical significance of the existing name.

Meanwhile, the fixing of signage at Accra International Airport has been completed. This was announced by the airport authorities, who indicated that the works were completed in the early hours of Saturday, March 21, after initial delays the previous day.

According to the authorities, “the maintenance, including repainting and installation, was carried out at night after the last flight due to the height of the structures and the impact on the car park area, to minimise inconvenience to the public and travelling passengers.”

This is expected to enhance navigation within Terminal 3 and reinforce Ghana’s position as a preferred aviation hub in the sub-region.