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Michael Owusu Addo, better known by his stage name Sarkodie, is a well-known hip-hop singer. He appeared in the Supreme Court today in a case contesting an FDA regulation that forbids the use of celebrities and other well-known figures in advertising for alcoholic beverages.
Mark Darlington Osae, manager of hip-hop artists Skrewfaze and Reggie “N” Bollie, filed the lawsuit.
According to the lawsuit, the FDA guidance breached the right against discrimination protected by Article 17 of the 1992 Constitution, making it unlawful.
The Constitution’s Article 17(1) declares that everyone is equal before the law, but Article 17(2) says that “a person shall not be discriminated on grounds of gender, race, colour , ethnic origin, religion, creed or social or economic status”.
The case was postponed until January 17 and was scheduled to be heard by a seven-member panel of the supreme court today.
Sarkodie was in court with Bobby Banson, the plaintiff’s attorney.
The FDA released Guideline 3.2.10 of the Guidelines for the Advertisement of Foods on February 1, 2016.
“No well-known personality or professional shall be used in alcohol beverage advertising,” the statement reads.
The FDA said that the rule was required to prevent minors from developing an alcohol addiction as a result of celebrity influence.
Mr. Osae, who is also the Chairman and CoFounder of Ghana Music Alliance, took the Attorney General and the FDA to the highest court in November of last year.
He is seeking a declaration that “ on a true and proper interpretation of Article 17(1) and (2) which guarantee equality before the law and prohibits 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 1st February 2016 which provides that “No well-known personality or professional shall be used in alcoholic beverage advertising” is unlawful since it is discriminatory and violates paragraphs 17(1) and 17(2) of the 1992 Constitution.
He is also requesting a declaration from the supreme court “that on a true and proper interpretation of Article 17(1) and (2), Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on 1st February 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 prohibits discrimination against persons on grounds of social or economic status, occupation amongst others and consequently null, void and unenforceable.”
He is also seeking “an order striking down Guideline 3.2.10 of the Guidelines for the Advertisement of foods published by the 1st Defendant on 1st February 2016 as being inconsistent with and in contravention of the letter and spirit of the 1992 Constitution and as such a nullity”
Many celebrities and public figures have had cause to vent over the situation since its introduction in 2015.
In January 2020, musician Wendy Shay complained that the policy has made her lose valuable deals.
Also in April this year, “Sugarcane” hitmaker, Camidoh also campaigned for his colleagues in the industry to unite against the law.
Source: Ghanatodayonline.com
