THE REPUBLIC VRS. HIGH COURT, ACCRA EX PARTE: BENJAMIN AKUFFO DARKO
2024
SUPREME COURT
GHANA
CORAM
- AMADU JSC
- KULENDI JSC
- ACKAH-YENSU (MS.) JSC
- GAEWU JSC
- DARKO ASARE JSC
Areas of Law
- Civil Procedure
- Constitutional Law
- Human rights Law
2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Applicant, representing Democracy Hub, sought to quash a High Court order that issued an injunction against a planned demonstration, citing violations of the rules of natural justice due to short service and lack of notice of adjournment. The Supreme Court ruled that short service did not vitiate jurisdiction, the Applicant had waived his right to be heard by not attending the scheduled hearing, and the complaint about the personal direction of the order did not constitute a fundamental error. The application for certiorari was dismissed.
DARKO ASARE JSC:
The Applicant herein describes himself as an Associate Programmes Officer of the Democracy Hub, a Civil Society Organisation, registered under the laws of the Republic of Ghana; On the 5th of December 2023, the Applicant filed an application invoking the Supervisory Jurisdiction of the Supreme Court pursuant to Article 132 of the Constitution 1992 and Rule 61 of the Supreme Court Rules C. I. 16 of 1996. In these proceedings learned Counsel moves the court on behalf of the Applicant for an order of certiorari to remove into this Court for the purpose of being quashed the decision of the High Court Accra, Criminal Division, dated the 22nd of November 2023 Coram: Her Ladyship Lydia Osei Marfo (Mrs); and for such further order or orders as this Honourable Court may deem fit.
The events leading to the filing of the instant application are far from complex and may briefly be stated as follows: -. On the 9th day of October 2023, the Democracy Hub, communicated to the 2nd Interested Party, through the Greater Accra Regional Police Commander, an intention to hold a public demonstration in Accra from the 1st of December 2023 to 31st December 2023. Following that, officials of the Democracy Hub held series of meetings with the Regional Police Commander in order to agree on a date for the demonstration that would be convenient to both parties but no consensus was arrived at.
The Democracy Hub then decided to act unilaterally and hold their demonstration on their own chosen date ignoring the police.
This caused the 2nd Interested Party to file a motion on notice on 15th November 2023 at the High Court praying for an order of injunction to restrain the Applicant and his group from holding any special event between 1st December 2023 and 5th January 2024. According to the Applicant, though the 2nd Interested Party’s application was slated for hearing on 21st of November 2023, he was served with the motion paper and supporting affidavit only on the 17th of November 2023. The applicant contends that this was short service in terms of the provisions of the High Court (Civil Procedure) Rules 2004, C. I. 47 which provide for three clear days between the date of service and the hearing of an application.
The Applicant failed to attend court on the date for hearing but according to him he learned from the media later that day that when the case was called in court on the 21st of November 2023, the Court adjourned the hearing of the motion for injunction to