PROF. KWADWO APPIAGYEI-ATUA & 7 OTHERS v. THE ATTORNEY-GENERAL

AMEGATCHER JSC:-

INTRODUCTION

In 1991, a Committee of Experts convened to discuss proposals for creating a draft constitution for Ghana. They released a detailed report which included their views on fundamental human rights and freedoms. Their opinion on the topic was as follows:

“128. The National Commission for Democracy Report leaves no doubt that Ghanaians attach great importance to human rights. Human rights are universally regarded as inalienable and constitute the birthright of the individual as a human being. Therefore, no person may be deprived of his or her human rights.”

Ghana's unwavering dedication to protecting fundamental human rights and freedoms can be attributed to several factors, including our history of human rights abuses and the courts’ jurisprudence during these periods. One of the most significant cases contributing to the regime of human rights protections subsisting under our current constitutional dispensation is In Re Akoto & 7 Others [1961] 2 GLR 523, SC. This decision has been in the headlines since and, to this day, is widely discussed by law students, the legal profession, academia and constitutional scholars. It is beyond dispute that the influence exerted was substantial in compelling the inclusion of entrenched human rights provisions within the Constitutions of both 1969 and 1979.

Similarly, Chapter 5 of the 1992 Constitution incorporates provisions on fundamental human rights and freedoms that are entrenched. These antecedents serve as an eternal aide-memoire that fundamental rights and freedoms were and are rights enforceable by the Courts and do not in any way represent moral obligations.

With these preliminary statements, we proceed with the consideration of this writ.

SUMMARY OF FACTS

The agreed facts are that on 21st March 2020, the President of the Republic of Ghana assented to the Imposition of Restrictions Act, 2020 (Act 1012) to provide for powers that would enable him to impose restrictions on persons to give effect to paragraphs (c), (d) and (e) of clause (4) of Article 21 of the Constitution in the event or imminence of an emergency, disaster or similar circumstance to ensure public safety, public health and protection.

This enactment was a consequence of the deadly corona virus (COVID-19) pandemic that took the entire world by surprise. After the virus was detected in the country, a public health emergency was declared pursuant to the Declaration of Public Health Emergency (Corona Virus Disease