It has emerged at the Financial and Economic Division of the Accra High Court that the Police administration again filed a motion for injunction against the organizers of OccupyBoG demonstration.
The latest motion was after the organizers including the Minority caucus in Parliament notified the Police with a fresh notice on September 4 and insisted on the same route.
The Court presided over by Justice Edward Twum had on September 8, 2023, ordered the Police (Applicant) to amend errors on the face of the motion paper.
This was after the Minority through their lawyers led by Godwin Edudzie Tamekloe, the Director of Legal Affairs of the National Democratic Congress raised preliminary legal objection.
Despite the pendency of the first motion coupled with the fact that the stipulated date for the protests, September 5, had elapsed, the organizers notified the police with another notice communicating September 12, 2023, for their protest.
However, the Organizers insistence on the same route which was the subject matter before the court in their first notice, led the police to initiate another action for injunction to restrain the Respondents from going ahead with the protest.
In Court on Monday, September 18, 2023, when the court had fixed for the hearing of the first injunction, the second motion took precedent and rendered the first motion moot.
The latest motion for injunction which is seeking the same reliefs is scheduled for Tuesday, September 19, 2923.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah who was in court said, even though the Organizers have since changed their route for the protest, they are expected in court on Tuesday, September 19, to officially notify the court of the latest development.
Superintendent of Police, Sylvester Asare who is the lead counsel for the Police was present while the Respondents were absent.
The Minority caucus in Parliament on September 11 postponed its planned protest to occupy the premises of the Bank of Ghana.
The intended protest is to demand the resignation of the Governor, Dr. Ernest Addison and his deputies over the central bank’s record of Ghc60 billion loss in the 2022 financial year.
For the second time after September 4, the Minority in statement issued disclosed that the protest will now be held on October 3, 2023.
The Member of Parliament for Bawku Central, Mahama Ayariga,…. said ”We have agreed on the routes, and we are telling them that we will terminate at the Kwame Nkrumah Mausoleum.”
Amend injunction errors
On September 8, the Accra Regional Police Command was granted a seven-day leave by the High Court in Accra to amend errors on its motion paper seeking an injunction against the minority’s protest dubbed ‘OccupyBoG Demo.’
That order was after the vacation High Court presided over by Justice Edward Twum ruled that, even though the application filed by the Police on the face of the motion paper is irregular, the police have the mandate to initiate such action against protesters.
Justice Twum ruled that, the applicant (Police) had not breached any legitimate legal provision in the application for injunction citing security concerns for the court to strike it out.
The court said, even though the application filed by the Police is irregular, such technicalities should not be applied which has the implications of resulting in multiple applications that will delay the case.
Following from that, the court said, the Police is granted leave to amend the documents and have same served in the Respondent within seven days.
“In the interest of fairness and justice, it is the considered view of this court that technicalities should not be employed which has the potential to result in multiple applications and the delay of this proceeding,” Justice Edward Twum ruled.
“This court thinks it is proper to grant leave to the Applicant to amend the title of this application to enable this court proceed to determine the real issues in controversy between the parties.
“In the circumstances, the preliminary legal objection raised by counsel for the Respondents is hereby overruled.
“The Applicant (Police) is hereby granted leave to amend the title of the application (to reflect the real intentions of the Applicant as can be gleaned from the affidavit in support) and have same served on the Respondents within seven days from the date hereof for the motion to be heard.”
Justice Twum despite overruling the objection commended the respondents for the objection.
“I cannot conclude this ruling without addressing the submission by counsel for the Applicant to the effect that the Ghana Police Service is a constitutionally created entity.
“As rightly rebutted by counsel for the Respondents, the Ghana Police Service is a creation of an Act of Parliament (Act 350, unlike institutions like the Electoral Commission which was created by the Constitution (Article 43(1) of the Constitution,1992).
“This does not, as indicated earlier in this ruling, prevent the Ghana Police Service, through the Inspector-General of Police to initiate civil actions in its own name and capacity or to defend itself in civil matters brought against the Ghana Police Service,” the court ruled.
“Again, mention must also be made of the commendable exhibition of effective scrutiny and diligence by counsel for the Respondents.
“This court views such high level of commitment to duty exhibited by counsel for the Respondents at the Bar as commendable which no doubt would impact positively on the junior lawyers who may be observing such proceedings.
“This court appreciates such commendable efforts which are all geared towards the development of the law in this country,” the Court observed.
Source: Kasapafmonline.com/Murtala Inusah