FRANCIS KWARTENG ARTHUR VS THE NATIONAL INDENTIFICATION AUTHORITY & ANOR
March 28, 2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Human rights Law
- Administrative Law
- Evidence Law
- Civil Procedure
March 28, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Gifty Agyei Addo of the High Court adjudicated an Article 33 application by a Ghana Bar Association member seeking declaratory and prerogative reliefs against the National Identification Authority (NIA) over the Ghana Card registration requirement to provide a digital address code. The Attorney-General was non-suited because the NIA is autonomous under Act 707. The NIA opposed the application, citing the National Identity Register Act, 2008 (Act 750), as amended by Act 950, which mandates collection of specified personal information, including a digital address code, and denied any record of refusing the Applicant. The Court overruled jurisdiction objections, holding High Court human-rights enforcement jurisdiction is not ousted by Act 750 and that the matter involved enforcement rather than constitutional interpretation. On the merits, the Court found no evidence of discriminatory treatment and held Section 4s requirements are mandatory. Mandamus and prohibition were refused, all reliefs dismissed, and costs of GH2 3,000 awarded to the NIA.
On the 19th of February, 2019, the Applicant, per his amended originating motion prayed the following reliefs against the Respondent: a. A declaration that my right to administrative justice and to equality or non-discrimination have been, are being or are likely to be violated by the Respondent.
b. An order of; i. Prohibition restraining the Respondent from further interfering with or violating the above-mentioned rights to which I am by law entitled; and ii.
Mandamus compelling the Respondent, its officers, agents, assigns or privies whatsoever or howsoever described or called to register and issue me with a Card, my failure to provide the so-called “digital address code”notwithstanding; and c. Provide any other remedies that the honorable Court may deem fit for the greater good of the Ghanaian society as a whole.
THE CASE OF THE APPLICANT.
The application is brought pursuant to Article 33 of the Constitution of the Republic of Ghana, 1992 and Order 67 of the High Court (Civil Procedure) Rules, 2004 (C. I 47). A summation of the case of the Applicant is as follows: According to the Applicant, on or July, 2018, the Respondent announced through the Ghana Bar Association (GBA) that it had commenced the registration process for the issuance of a National Identification Card for members of the GBA in Accra.
The Applicant states that being a member of the GBA, he submitted himself to the registration process.
The Applicant states further that at the registration workstation at the premises of the GBA in Accra, the officials of the Respondent required of him his digital address code.
That unable to provide the said digital address code, the Respondent’s officials refused his application for the Card.
The Applicant continues that attempts to have his particulars entered into the register of the Respondent and to procure a National Identification Card has proved futile, owing to his inability to provide the Respondent with his digital address code.
It is the Applicant’s case that the digital address code is entirely unknown to the laws of the Republic of Ghana and further that the subjecting of his right to obtain a Card to his production of a digital address code is illegal, unreasonable and discriminatory.
The Applicant concludes that his rights to administrative justice and equality or non-discrimination have been or are likely to be infringed upon by the Respondent.
THE CASE OF THE RESPONDENT.
Per its affidavit in response to the application filed