The organizers and conveners of the ‘Fix-the-Country‘ protest march have filed a suit at the Supreme Court seeking an order of the apex court to quash the 6th of May High Court order restraining them from embarking on their planned protest march on Sunday 9th of May 2021.
According to the suit, the protesters are also praying the Supreme Court for an order to restrain the Ghana Police Service from what they say is “unlawful interference with their constitutional right to embark on a public demonstration.”
The Ghana Police Service on the 6th of May 2021, after receiving the 3rd of May 2021 notice of the conveners of the “Fix-The-Country” public demonstration of their intention, obtained a High Court order signed by Justice Ruby Aryeetey, to restrain the conveners from embarking on same.
According to the order which was entitled Order for Prohibition Pursuant to Section 1 (6) of the Public Order Act, 1994 (Act 491), the High Court said, “It is hereby ordered that the organizers/conveners of Fix-The-Country protest march, their associates, officers, agents, assigns and workmen be prohibited from embarking on any demonstration on Sunday 9th May 2021 or any other date until the restriction on public gathering is lifted by the appropriate authority.”
However, the organizers/conveners of the Fix-The-Country protest, according to their affidavit in support of their motion deposed to by one Samuel Alesu-Dordzi, indicate that they believe the Ghana Police Service is interfering with their constitutional right to peaceful protest.
The affidavit states, “I am advised by my counsel and I verily believe same to be true that we, the conveners and applicants herein and all the persons who intend to join in the public demonstration, are entitled, as of right, to embark on the said public demonstration. That in determining whether, when or how we should exercise our right to embark on the said public demonstration, the honourable High Court is, by law, bound to give us a hearing in a fair and reasonable manner.”
The affidavit further stated, “By failing, whether by omission or commission, to give us a hearing in a fair and reasonable manner, the honourable High Court has committed a grave error, which error is patent on the face of its judgement and order dated May 6, 2021”.
“That a court does not have the jurisdiction to make a final order that adversely affects the right of a party or a person who is either not before it at all or who is not properly before it; and, that by making a final order against us, the conveners and applicants herein, when we were not given an opportunity to appear before it, the honourable High Court has committed an grave error which goes to its jurisdiction.”
The court documents filed on behalf of the Fix-The-Country conveners was signed by their lawyer, Justice Srem-Sai, of the Praetorium Solicitors, and the Supreme Court is expected to hear the case on Tuesday the 7th of June 2021.
Wilberforce Asare
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