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
- Human rights Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The judgment, authored by Justice Dennis Adjei of the Court of Appeal sitting in supervisory jurisdiction, concerns the Ghana Police Service’s use of an ex parte interim injunction obtained from the Circuit Court, Accra, to restrain planned demonstrations by Let My Vote Count Alliance, Alliance for Accountable Governance (AFAG), Movement for Change, and the Coalition for Free, Fair and Transparent Elections. The applicant, a member of Let My Vote Count Alliance, had notified the Police under Section 1 of the Public Order Act and, after discussions, assured peaceful picketing at Parliament House and the Electoral Commission; the Police initially agreed but later secured an ex parte order without a pending substantive suit. Justice Adjei held that the Circuit Court lacks jurisdiction under the Public Order Act because Section 1(6)–(7) authorizes applications only to a High Court Justice or Regional Tribunal Chairman. He further held that applications initiating proceedings under the Act must be on notice and cannot be ex parte, though urgent interim relief may be sought ex parte under Order 25 rule 7. Because the Circuit Court’s order had lapsed, certiorari was refused as moot.
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