In a unanimous decision Tuesday (June 8, 2021), a five -member panel to the apex court held that the High Court exceeded its jurisdiction by making the restraining order to last indefinite.
According to the court, by the operation of law, the order which was secured ex parte by the police on May 6, is supposed to last for 10days , and therefore the High Court acted in error by making it indefinite.
The court gave the ruling today after upholding in part a certiorari application by the FixTheCountry Movement.
The apex court however dismissed the second leg of the application which was seeking an order to restrain the Ghana Police Service from interfering with the demonstration.
The five -member panel was presided over by Justice Yaw Appau, with Justices Mariama Owusu , Lovelace Johnson , Clemence Honyenuga and Prof Henrietta Mensa -Bonsu.
On May 6, 2021, the Accra Regional Police Command obtained a prohibition order from the Accra High Court to stop the #FixTheCountryGhana demonstration.
That was after the police filed an ex parte application
The High Court, presided over by Justice Ruby Aryeetey, ruled that the prohibition order would be in place until the restriction on public gathering was lifted.
“It is hereby ordered that the organisers/conveners of #FixTheCountry Protest March, their associates, officers, agents, assigns and workmen be prohibited from embarking on on any demonstration on Sunday 9th May, or any other date until the restriction on public gathering is lifted by the appropriate authority,” Justice Aryeetey ordered.
It was based on this order that the FixtheCountry Movement filed the certiorari application.
Source: Daily Graphic