A five-member panel of the Supreme Court has said there is “no subsisting order” preventing #fixtheCountry protesters to apply for demonstration.
The Supreme court in its ruling said the indefinite order that stops the applicants from demonstrating is quashed. The court added that the High Court exceeded its jurisdiction when it gave that definite order restricting the applicants from demonstrating.
The court, however, dismissed, the reliefs asking the court to stop the police from interfering with the constitutional rights of the protesters.
According to the Supreme Court, the order of the High Court presided over by Justice Ruby Aryeetey was for 10 days and it has since elapsed.
The apex court panel also included Justice Mariama Owusu, Justice Lovelace Johnson, Justice Prof. Henriette Mensah Bonsu and Justice Clemence Honyenuga.
EIB Network’s Court Correspondent Murtala Inusah reports that the High Court’s directive to the protesters not to march on any other date until the restriction on public gathering is lifted, the apex court said was “a nullity.”
Argument
Counsel for the Convenors, Justice Srem Sai, while arguing for an order for Certiorari said, the order barred his client from demonstrating until appropriate authority lifted the ban on public gathering.
He argued that the court orders were absolute even though an exparte order was to last for 10 days. He said, the order made by the court was clear and unambiguous and prayed the court to have it set aside.
No order to quash
Godfred Yeboah Dame, the AG while opposing the application said, the motion was completely misconceived.
He argued that there is presently no order in force against the applicants to demonstrate.
According to the AG, the exparte order granted by the High Court lasted for only 10 days and the order made on May 6, has long elapsed and “there is nothing to quash.”
He made reference to the SALL case where the court said, the order by the Ho High Court judge in the John Peter Amewu case was dead on arrival.
He argued that the applicants have been put on notice after the said order had elapsed by the IGP and are currently before the High Court on notice.
