ADJEI -AMPOFO ( No 2) v ACCRA METROPOLITAN ASSEMBLY &

ATTORNEY-GENERAL ( No 2)

SUPREME COURT, ACCRA

Writ No J1/4/2006

16 July 2008

SOPHIA AKUFFO, BROBBEY, ANINAKWAH,

SOPHIA ADINYIRA AND ASIAMAH JJSC

Constitutional law - Constitution - Enforcement - Fundamental Human Rights and Freedoms -

Respect for human dignity - Abolition of construction of and discontinuance of use of pan
latrines within five years - Consequential orders - Constitution, 1992, art 15(1) and (2).

SOPHIA AKUFFO JSC delivered the following consequential orders pursuant to the terms of
settlement of the plaintiff's suit filed by both the plaintiff and the first defendant as previously
ordered by the court. The plaintiff and the first defendant, having settled the matter herein
(aimed at enforcement of article 15(1) and (2) of the 1992 Constitution relating to respect for
human dignity) upon the terms set out in the Terms of Settlement filed in this court on 9 July
2008, it is hereby ordered that:

(a) the first defendant shall phase out the use of pan latrines in the Accra Metropolitan
Area within five years maximum from 8 July 2005;
(b) towards this end, the first defendant shall cause sufficient publicity to be mounted
throughout the Accra Metropolis to prepare all citizens accordingly, of the abolition of
the construction of pan latrines, with effect from 8 July 2008, and the discontinuance of
the use of all pan latrines within five years from 8 July 2008;
(c) the first defendant shall facilitate, by all means possible, particularly through the
arrangement of subsidies, the conversion of all existing pan latrines into Kumasi
Ventilated Improvement Pit (KVIP) or water closet facilities;
(d) the first defendant shall construct 1,500 KVIP and water closet public toilet facilities
by the end of the year 2010;
(e) after 2010, the first defendant shall strictly enforce the prohibition of pan latrine
facilities throughout the Accra Metropolis and prosecute owners of such facilities who
fail to convert their facilities into water closet or KVIP facilities;
(f) with effect from 8 July 2008, the first defendant shall not grant any new building or
development permits in respect of any structural or building plans that do not make
adequate provision for water closet, KVIP or similarly approved facilities;
(g) after 2010, the first defendant shall prosecute any person who engages any other person
to carry human waste in a pan.

Plaintiff in person.
Stanley Amarteifio (with him Agnes Ewul and Mrs Dinah Quashie-Idun) for the first defendant.
No representation for the second defendant.

1
[Editorial Note. After giving the above orders embodying the terms of settlement, the Supreme
Court (per Sophia Akuffo JSC) commended and congratulated the plaintiff, Nana Adjei Ampofo,
an Accra legal practitioner, for instituting, at his own expense, the instant action, seeking in the
interest of the general public, the enforcement of article 15(1) and (2) of the 1992
Constitution. For earlier proceedings involving the same parties: see Adjei -Ampofo ( No 1) v
Accra Metropolitan Assembly & Attorney-General ( No 1) [2007-2008] SCGLR 611.]

Orders by the Supreme Court embodying terms of

settlement of the plaintiff's suit issued.
SYBB