An Accra High Court has thrown out an injunction by the Ghana Police Service against the organisers of the #FixTheCountry from holding a street protest.
The Court on Friday, June 25, 2021, ruled in a case in which the Ghana Police represented by the Attorney General, Godfred Dame citing public health concerns and the COVID-19 restrictions was asking for the conveners of the #FixTheCountry protest to barred from proceeding with their demonstration.
The group have in the past weeks been demanding better living conditions through social media protests and have been challenged in their decision to take the protest onto the streets.
The Police were seeking to stop the group from embarking on the street protest by citing public health concerns and the imposition of COVID-19 restrictions as its basis.
One of the issues that came up during the court case was the legitimacy of the Attorney General’s Office to represent the Ghana Police Service.
In their challenge against the Attorney General from representing the Police, lawyers for the conveners of the protest argued that the court cannot hear a matter on public order which has been filed in the name of the Republic instead of a police officer as mandated by the constitution.
“The applicant does not have the capacity to bring this application under section 1 subsection 6 of the public order act. Act 491. And as such, the Court is not clothed with jurisdiction to hear or grant the application,” Julius Assinyo said in court.
The Public Order Act section 1(6) which was being relied on by the campaigners to argue their case reads, “where the organiser refuses to comply with the request under subsection 4 or fails to notify the police officer in accordance with subsection 5, the police officer may apply to the justice or chairman of the regional tribunal.”
In his counterargument, the Attorney General described the application as being “completely misconceived and a misunderstanding of the fundamental laws regarding this application.”
The court however sided with the Attorney General and allowed him to represent the Police in the case.
With the injunction against the #FixTheCountry demo quashed, it is not yet known how the organizers intend to go on with their plans or whether the Police and the Attorney General’s Office will explore other opportunities to stop the protest.
