While there has been an evolution away from the position that directive principles in general are non-justiciable, to the current position of the law that directive principles are prima facie justiciable, it must be established that Article 40 in and of itself is justiciable. Even if Article 40 is justiciable, there remains the question of whether a perceived breach of an international obligation amounts to a breach of Article 40. In other words, does the fact that Ghana has breached an international treaty obligation mean that the state has breached its obligations to "promote respect for international treaty obligations"? The view of this court is that this is not the case. In any case, any and every breach of an international treaty obligation cannot be said to be the basis for an action against the state for failing in general to promote respect for international law. For this reason, this ground of this action fails and is dismissed accordingly.
EZUAME MANNAN V. THE ATTORNEY-GENERAL AND SPEAKER OF PARLIAMENT SUIT NO: J1/11/2021 [2022] SLR (SC) 4 · Supreme Court · 2022 · KULENDI JSC
Read it in the judgment