AMMAH J.REPUBLIC v. INSPECTOR-GENERAL OF POLICE; EX PARTE HANSEN AND OTHERS
July 23, 1991
HIGH COURT
GHANA
CORAM
- AMMAH J
Areas of Law
- Administrative Law
- Civil Procedure
- Human rights Law
July 23, 1991
HIGH COURT
GHANA
CORAM
AI Generated Summary
Movement for Freedom and Justice, a voluntary Ghanaian organisation advocating human rights and democratic education, applied to the Ashanti Regional Commander of the Ghana Police Service for a permit to hold a public education rally at Abbey Park, Kumasi on September 15, 1990. The Kumasi Metropolitan Authority referred the matter to police. On September 11, 1990, Assistant Commissioner S.S. Appiah replied that the application could not be considered, without reasons. The applicants sought mandamus compelling the Inspector-General of Police to issue the permit, invoking instruments like the Universal Declaration of Human Rights. The Inspector-General’s affidavit cited concerns about breach of the peace and national security. Ammah J. held that mandamus is discretionary and cannot be used to compel an act when the rally date had passed and no current application existed; granting it would be futile and contrary to NRCD 68. The application was dismissed, with no order as to costs.
JUDGMENT OF AMMAH J.
This is an application for leave for an order of mandamus directed to the respondent, the Inspector-General of Police, to issue a permit to the applicants to hold a public education rally as part of the on-going debate on the future political system of Ghana.
The application is supported by an affidavit setting out the facts relied on and the statutory statement under Order 59, r. 2 (2) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A).
The respondent has filed a lengthy affidavit in opposition and attached various exhibits. The applicants have described themselves as Ghanaians operating under the name and guise of Movement for Freedom and Justice and say they are interested in the cause of human rights. Theirs is a voluntary organisation known as Movement for Freedom and Justice and want to help in the education of Ghanaians towards the establishment of democracy in Ghana.
Simply stated, on or about 14 August 1990 the Movement for Freedom and Justice (hereinafter referred to as "the movement") through its national secretary applied to the Regional Commander, Ghana Police Service, Kumasi for a permit to hold a public education rally at Abbey Park, Kumasi on 15 September 1990. A similar application was directed to the Kumasi Metropolitan Authority as they exercise jurisdiction over the Abbey Park, but the Kumasi Metropolitan Authority referred it to the Regional Commander of Ghana Police Service, Kumasi.
The movement later received a letter from the regional commander of police dated 11 September 1990 informing the interim national secretary of the movement that the application for the permit could not be entertained. I reproduce the letter exhibit R.K.Q. 2:
"Application For Permit To Hold A Public Meeting
I refer to your letter dated 14 August 1990 in respect of the above matter and regret to inform you that the application cannot be considered.
(Sgd.) S.S. Appiah
Asst. Commissioner/Ashanti
Ghana Police."
The applicants in their supporting affidavit have referred to the June 4th Movement, 31st December Movement and the Committee for the [p.177] Defence of the Revolution (C.D.R.) and say their movement is like any of them and they have a right to put their views to the Ghanaian citizens on the future political system of Ghana preparing for the Fourth Republic. They further refer to the provisions of the Universal Declaration of Human Rights of the United Nations, 1948 and the Charter for Peoples and Human Rights o