Occupy BoG Demo: Court dismisses objection, grants police permission to amend suit

Vacation High Court presided over by Justice Edward Twum has dismissed a preliminary objection raised by organisers of the “Occupy Bank of Ghana Demonstration” essentially challenging the capacity of the Ghana Police Service to initiate an application seeking to injunct them for going ahead with their planned demonstration in violation of the route proposed by the police.

The organisers of the demonstration, namely; Dr Cassiel Ato Forson (Minority Leader in Parliament), Emmanuel Armah Kofi Buah (Deputy Minority Leader in Parliament), Masawudu Mahamah, Bernard Mornah and rex Owusu Omar, objected to the suit entitled “The Republic versus Dr Cassiel Ato Forson and four others.

Contention of organizers

They indicated that the police cannot on their own instituted the said action against them and that the person legally mandated to do same is the Attorney General of the Republic.

To this end, the five (5) organisers of the  “Occupy Bank of Ghana Demonstration” prayed the court to strike the action by the police out and order the police to allow them to carry on with their demonstration along the route they have chosen.

By Court

In his ruling dismissing the preliminary objection, Justice Edward Twum indicated that the objection is a technical one and the country is of the considered opinion that the technicality notwithstanding, the court should not be stopped from determining the substantive case before it.

The court thus decided that in order to pave way for the real issues to be dealt with, it will grant the police the permission to amend the title of the suit so the case can take its natural cause.

“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.

“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” Justice Edward Twum ruled.

“The Applicant 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” the court further ruled.

Next sitting

The court after its ruling, adjourned sitting to Monday 18 September 2023. It is expected that at its next sitting, the Police will move their motion and argue same. Lawyers of the organizers of the demonstration lead by Godwin Edudzi Tamakloe will also be heard and the court will either deliver its ruling or set a new date for same.

Reporting by Wilberforce Asare in Accra

Asaase Radio 99.5 broadcasts on radio via 99.5 in Accra, 98.5 in Kumasi, 99.7 in Tamale, 100.3 in Cape Coast and on our affiliates Bawku FM 101.5 in Bawku, Beats FM 99.9 in Bimbilla, Somua FM 89.9 in Gushegu, Stone City 90.7 in Ho, Mining City 89.5 in Tarkwa and Wale FM 106.9 in Walewale
Tune in to broadcasts online: www.asaaseradio.com, Sound Garden and TuneIn
Follow us on Twitter: @asaaseradio995
Live streaming on facebook.com/asaase99.5. Also on YouTube: AsaaseXtra.
Join the conversation. Call: 020 000 9951 or 059 415 7777. Or WhatsApp: 020 000 0995.
#Asaase321
#TheVoiceofOurLand
#WeAreHere
#WeLoveOurLand
#SafeMotorway4All