THE REPUBLIC v. CIRCUIT COURT ACCRA, EX PARTE: GIFTY OWARE-ABOAGYE
2015
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP SIR DENNIS ADJEI J. A
Areas of Law
- Administrative Law
- Civil Procedure
- Constitutional Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The applicant sought the High Court's supervisory jurisdiction to quash a restraining order issued by the Circuit Court Accra, which prevented a demonstration by the 'Let My Vote Count Alliance.' The High Court ruled that the Circuit Court lacked jurisdiction to entertain applications under the Public Order Act and that such applications must be on notice to the affected parties. The High Court emphasized the necessity of jurisdiction being expressly conferred on lower courts and affirmed the supervisory authority of the High Court over lower courts. The decision underscored the importance of adhering to procedural fairness and the rule of law.
JUDGMENT
The applicant is before this Court to invoke its supervisory jurisdiction over the Circuit Court with respect to the application granted by a Circuit Court Accra in suit no. 21/140/16 entitled "Motion Ex parte: for application for order to stop LET MY VOTE COURT ALLIANCE', Alliance for Accountable Governance (AFAG). The movement for change, coalition for Free, Fair and Transparent Elections from Demonstrating on the 29/09/2015, Public Order Act 1994 Section 106).
The applicant is seeking from this court a declaration that the restraining order of the Circuit Court Accra dated 28th September, 2015, was made without jurisdiction and it also breached the audi alterem partem rule and should be quashed by an order of certiorari.
The facts of the applicant's case is that on 1st September, 2015 a movement in which she is a member and known as "Let my Vote Count Alliance" wrote to the Police in accordance with Section 1 of the Public Order Act, 1994 (Act 491) to notify them of the day, time and place of their intended demonstration. The police invited the members of "Let my Vote Count Alliance" to a meeting to discuss the impending demonstration. After the meeting "Let my vote Count Alliance” wrote another letter to the police to assure them of their intention to peaceful picket the parliament House and the Electoral Commission. The Police initially agreed to the date, time and the route for the demonstration. All of a sudden the police went to the Circuit Court to obtain an interim injunction on 14th September, 2015 when no substantive action or suit was pending.
The proceedings from the Circuit court on 28th September, 2015 states as follows:
"Prosecutor moves motion ex-parte praying for an order directed at the Let my vote Count Alliance, Alliance for Accountable Governance. The movement for change, coalition for Free, Fair and Transparent Election, from Demonstrations on the 29th September, 2015 and comes under Section 1(C.) of the Public Order Act, 1994.
Moves in terms of the motion paper and the supporting affidavit and prays accordingly.
BY COURT:
The application is granted".
A look at the applicant's application raises three major issues and they are;
i. Whether or not a Circuit Court is served with jurisdiction to entertain a suit filed under Section (1) of the Public Order Act; (2) Whether or not the ex-parte application not premised on any substantive suit was proper and whether the applicant and the members of her movement were denie