The Supreme Court of Ghana has set aside a High Court order that indefinitely barred the Fix The Country campaigners from organizing a street protest.
The panel of the hearing presided over by Justice Yaw Appau ruled that the High Court order secured by Ghana Police was in error and proceeded to quash it.
Whilst restraining the protestors, the High Court stated that they are not to hit the streets until such a time that the appropriate authority lifts the Covid-19 restrictions on public gathering.
Due to this ruling, Ghana Police in anticipation of the protest stormed Independence Square, the converging venue for the then intended protest, with armoured vehicles, hot water tankers to quash any forceful plot to stage the demonstration.
The campaigners insist this order is unlawful as, under the High Court’s rules, injunctions granted without arguments by the affected persons (ex parte) ought to last for just 10 days.
Lawyers for the Campaigners led by Justice Sai on Tuesday, June 8, urged the Supreme Court to speak on the matter. He insisted the order speaks for itself and restrains his clients indefinitely.
Ghana’s Attorney General, Godred Dame, however, disagreed. He argued that the case filed by the campaigners is misconceived and completely unwarranted. He explained that under the High Court rules, Ex Parte orders are to last for 10 days.
In a report by myjoyonline.com, he added that by law, the order granted on May 6, stopping the May 9 protest, has since elapsed, therefore, urged the court to dismiss the case since no order is in force which currently bars the protest.
According to the AG, even before the expiration of the order, a fresh application for an injunction has been made by the IGP knowing well that the May 6 order was to last 10 days.
The court in this ruling noted that the rules of the High Court allow such Ex Parte injunctions to last only 10 days. It thus said the Judge erred. The court, therefore, proceeded to quash that portion of the order that barred the group indefinitely.
The case was heard by Justices Yaw Appau, Mariama Owusu, Lovelace Johnson, Clemence Honyenuga and Prof Henrietta Mensah Bonsu.
There is, however, another case pending at the High Court, asking that the protestors be restrained from hitting the streets. This is due for a hearing on June 14.
The ruling has since seen FixTheCountry trending on Twitter. See what some tweeps have been saying about the ruling in the tweets below.
— Doη чαяα (@1donyara) June 8, 2021
— De-Graft✊🏿🇬🇭🇺🇸 (@1OBOUR) June 8, 2021
— FreeMAN🆓!! (@Phreemarn) June 8, 2021
The police filed an ex-parte motion at the High Court against the planned protest and got a ruling in its favour on May 6, 2021. However, today the supreme court has nullified the police injunction. The #FixTheCountry activism just won a medal of tough-skinned credibility!
— Brooks🖤🇬🇭™ (@TheManBrooks) June 8, 2021
— h i t m a n 𓄀 (@1daavi) June 8, 2021
— Don🇬🇭 (@Opresii) June 8, 2021
— Yhakubu (@iamfelixg) June 8, 2021