GH - SULEMANA ELLIASU & ORS VS THE ATTORNEY-GENERAL & ANOR

The Preamble to the United Nations Basic Principles on the Use-of-Force and Firearms by Law Enforcement Officials states thus: “Law enforcement officials have a vital role in the protection of the right to life, liberty and security of the person, as guaranteed in the Universal Declaration of Human Rights and reaffirmed in the International Covenant on Civil and Political Rights. ”The Applicants herein instituted the instant suit against the Respondents by way of an originating summons for the enforcement of their fundamental human rights pursuant to the provisions of Article 33 (1), Article 12, 13(1), 15(1), (2) & (3) of the 1992 Constitution, and Order 67 rule 1 of the High Court (Civil Procedure) Rules 2004, (C. I. 47). These constitutional provisions deal with Protection of Rights by the Courts, protection of fundamental human rights and freedoms, protection of right to life, and Respect for Human Dignity, respectively.

Article 33 (1) of the 1992 Constitution, which forms the basis for the Fundamental Human Rights Enforcement Procedure Rules under the C. I. 47, provides as follows: Article 33 — Protection of Rights by the Courts.

Where a person alleges that a provision of this Constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the High Court for redress. ”Order 67 rule 1 of the High Court (Civil Procedure) Rules 2004, (C. I. 47) which forms, in essence, the Fundamental Human Rights Enforcement Procedure Rules in Ghana also provides that: Application for Redress under Article 33 of the Constitution 1. A person who seeks redress in respect of the enforcement of any fundamental human right in relation to the person under Article 33 (1) of the Constitution shall submit an application to the High Court. ”PRECIS On the 8th of December, 2020, whilst the collation of results for the 2020 Techiman South Constituency parliamentary elections was being conducted at the Techiman South Constituency Collation Centre (the Bonochempem Hall in Techiman), a large crowd of people had gathered on the premises of the Collation Centre ostensibly awaiting the outcome of the poll.

As the Electoral Commission began turning out the results of the poll, certain faction among the parties gathered there began to openly show their dissatisfaction with the results by chanting and slogans of disagreement

Where a person alleges that a provision of this Constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the High Court for redress. ”Order 67 rule 1 of the High Court (Civil Procedure) Rules 2004, (C. I. 47) which forms, in essence, the Fundamental Human Rights Enforcement Procedure Rules in Ghana also provides that: Application for Redress under Article 33 of the Constitution 1. A person who seeks redress in respect of the enforcement of any fundamental human right in relation to the person under Article 33 (1) of the Constitution shall submit an application to the High Court. ”PRECIS On the 8th of December, 2020, whilst the collation of results for the 2020 Techiman South Constituency parliamentary elections was being conducted at the Techiman South Constituency Collation Centre (the Bonochempem Hall in Techiman), a large crowd of people had gathered on the premises of the Collation Centre ostensibly awaiting the outcome of the poll.

SULEMANA ELLIASU & ORS VS THE ATTORNEY-GENERAL & ANOR

Areas of Law

JUDGMENT