A five-member Supreme Court panel presided over by Justice Yaw Appau yesterday quashed a High Court order that indefinitely barred the ‘fix the country, campaigners from staging street protests.
However, the group cannot go on demo as another case at the High Court, which is asking that the protestors to be restrained from hitting the streets is still pending and it is due for a hearing on June 14.
It would be recalled that the police filed an ex-parte motion at the High Court against the planned protest and got a ruling in its favour on May 6, 2021.
In its ruling, the court stated that the planned protest was prohibited until the COVID-19 restrictions on public gatherings were lifted.
“It is hereby ordered that the organizers/conveners of FixTheCountry protest march, their associates, officers, agents, assigns, and workmen are prohibited from embarking on any demonstration on Sunday, 9th May 2021, or any other date until the restriction on public gatherings is lifted by the appropriate authority,” the High Court directed.
However, Lawyers for the campaigners led by Justice Sai argued that the order was unlawful as under the High Court’s rules, injunctions granted without arguments by the affected persons (ex parte) ought to last for just 10 days.
Consequently, five Judges of the apex court namely Justices Yaw Appau, Mariama Owusu, Lovelace Johnson, Clemence Honyenuga and Prof Henrietta Mensah Bonsu upheld the argument that the order given by the High Court was in error and proceeded to quash it.
AG’s argument
The Attorney-General (AG) described the case filed by the campaigners as misconceived and completely unwarranted.
Mr Godfred Yeboah Dame explained that it obvious that under the High Court rules, Ex Parte orders are to last for 10 days.
He added that by the operation of law, the order granted on May 6, stopping the May 9, protest has since elapsed.
The AG therefore urged the court to dismiss the case since no order is in force currently barring the protest.
According to him, even before the expiration of the order, a fresh application for an injunction was made by the IGP, knowing well that the May 6 order was to last 10 days.
