Kotoka Airport renaming has no legal effect yet – A-G tells Supreme Court

The Attorney-General has informed the Supreme Court that Ghana's main international airport legally remains Kotoka International Airport, despite the government's announcement of plans to rename it Accra International Airport.

According to the Attorney-General, the proposed name change has not taken legal effect because the necessary legislative processes have not been completed.

The position forms part of the government's response to a suit filed by Austin Kwabena Brako-Powers, who is challenging the legality of the proposed renaming.

The plaintiff argues that the government cannot lawfully change the airport's name without first amending or repealing the General Kotoka Trust Decree, 1969 (NLCD 339), which remains part of Ghana's laws.

In an affidavit sworn by Mamavi Owusu-Aboagye, an Assistant State Attorney at the Civil Division of the Office of the Attorney-General, the government maintained that the decree had neither been amended nor repealed.

The Attorney-General explained that although the government had announced its intention to change the airport's name, the announcement alone could not give legal effect to the decision.

According to the affidavit, the proposed renaming requires further steps, including legislative changes and updates to official documents, airport signage, digital platforms and aviation publications.

The government relied on a document marked Exhibit AG8 to support its position that these processes were necessary before the new name could become legally effective.

The Attorney-General further disclosed that the Accra International Airport Bill, 2026, had already received Cabinet approval and had been signed by the Minister for Transport.

However, the affidavit indicated that the Bill was yet to be presented to Parliament for consideration.

Government explains steps taken towards renaming

The court documents outline the process followed by the government in pursuing the proposed change.

According to the Attorney-General, a draft Accra International Airport Bill was first submitted to the Ministry of Transport on August 21, 2025, for the necessary consultations and approval.

The Ministry subsequently presented a memorandum to Cabinet on November 10, 2025, seeking policy approval to introduce legislation for the renaming.

Cabinet approved the proposal on December 9, 2025, and the decision was formally communicated to the Attorney-General on January 23, 2026.

The Minister for Transport signed the Bill on February 10, 2026, after which it was prepared for presentation to Parliament.

The government maintains that these steps demonstrate that the renaming is being pursued through the legislative process rather than by executive announcement alone.

General Kotoka Trust remains legally recognised

The Attorney-General also rejected suggestions that the government had interfered with the General Kotoka Trust established under NLCD 339.

According to the affidavit, the decree remains fully operative, and the government has not taken any action to deprive beneficiaries of their entitlements or render the Trust's obligations unenforceable.

The government consequently maintains that the airport's existing legal name remains unchanged until the appropriate legislative processes are completed.

Attorney-General questions Supreme Court's jurisdiction

Beyond defending the renaming process, the Attorney-General is challenging the Supreme Court's jurisdiction to determine the action.

In its statement of case, the government argues that the plaintiff has not raised a genuine question requiring constitutional interpretation or enforcement.

Instead, it contends that the dispute concerns whether an existing law, NLCD 339, has been or is likely to be breached.

The Attorney-General maintains that such a complaint raises a statutory question rather than one properly invoking the Supreme Court's original constitutional jurisdiction.

It further argues that the action was brought prematurely because the proposed legislation had not yet been laid before Parliament.

According to the government, granting the orders sought by the plaintiff could interfere with Parliament's constitutional responsibility to consider and determine proposed legislation.

The Attorney-General is therefore asking the court to reject the plaintiff's claims.

The case remains pending before the Supreme Court, which is expected to determine the jurisdictional objections and any substantive issues properly arising from the action.

For now, the government's position is that Kotoka International Airport remains the facility's legal name, while the proposed change to Accra International Airport awaits completion of the required legal processes.