AFUA POKUA & ORS v. NATIONAL HEALTH INSURANCE AUTHORITY & ORS
2016
HIGH COURT
GHANA
CORAM
- A. M. Domakyareh (Mrs) J. A.
Areas of Law
- Constitutional Law
- Employment Law
- Human Rights Law
- Tort Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The applicants, journalists employed by Multimedia Group Limited, sought to enforce their fundamental human rights following an incident at the Ablekuma Sub-Metro office of the National Health Insurance Authority (NHIA). The court found that the respondents interfered with and violated the applicants' rights to work under safe conditions, freedom of speech and expression, and freedom from interference and harassment for their publications. The court awarded damages and ordered the respondents to issue an unqualified apology to the applicants.
RULING
DOMAKYAAREH (MRS) J. A. Sitting as Additional High Court Judge.
1. The 1st applicant in this suit is a News Editor in the employment of Multimedia Group
Limited working with its Adom 106.3 Fm News Department. The 2nd and 3rd applicants are broadcast journalists also in the employment of Multimedia Group Limited working in the Adom 106.3 Fm News Department.
The 1st respondent on the other hand is a State Institution established by law to among other objects provide and mange a national health insurance scheme. The 2nd and 3rd respondents are employees of the 1st respondent and they are the District Manager and Public Relations Officer respectively of the Ablekuma Sub-Metro office of the 1st respondent.
The applicants are in court seeking to enforce their fundamental human rights pursuant to Articles 21
(1)(a), 162 (4), 162 (5) and 24 (1) of the 1992 Fourth Republican Constitution and under Order 67 of C I
47. They accordingly filed a motion to that effect on 10th March, 2015.
2. In order to better appreciate the import of the applicants’ move, it is necessary to set out in extenso at the very beginning, the Constitutional and other legal provisions that they are relying on or invoking. We start with the Constitutional provisions.
Article 21 (1)(a):
“(1) All persons shall have the right to -
(a) freedom of speech and expression, which shall include freedom of the press and other media;”
Article 162 (4):
“(4) Editors and publishers of newspapers and other institutions of the mass media shall not be subject to control or interference by Government, not shall they be penalized or harassed for their editorial opinions and views, or the content of their publications.”
Article 162 (5):
“(5) All agencies of the mass media shall, at all times, be free to uphold the principles, provisions and objectives of this Constitution, and shall uphold the responsibility and accountability of the Government to the people of Ghana.”
Article 24 (1):
“(1) Every person has the right to work under satisfactory, safe and healthy conditions, and shall receive equal pay for equal work without distinction of any kind.”
Order 67 of the High Court (Civil Procedure) Rules, 2004,C I 47 deals with the enforcement of fundamental human rights and provides the rules and procedure for prosecuting same. The rules provide for the mode of submission of the application, the time for the submission of the application, the response to the application, setting down the appli