[1970]DLHC2145 • December 23, 1970 • High Court
PEOPLE’S POPULAR PARTY vs. ATTORNEY-GENERAL
The People's Popular Party (PPP) applied to the Inspector-General of Police for permits to hold protest marches in Accra against the sale of arms by Britain and France to South Africa and the proposed dialogue between Ivory Coast and South Africa. The police refused the permits without giving reasons. The PPP alleged this refusal infringed their constitutional rights to freedom of movement, assembly, and association, especially since British citizens in Ghana were permitted to hold a protest march on a related issue. The PPP also claimed a news blackout on their views by national media, which they argued was part of a broader attempt to stifle their political expression.
read moreArticle 28 of the Constitution, 1969, provides that: “(1) Where any person alleges that any provision of articles 12 to 27 inclusive of this Constitution has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter that is lawfully available, that person may apply to the High Court of Justice for redress. (2) Pursuant to the provisions of the immediately preceding clause, the High Court of Justice shall have power to issue such directions or orders or writs including writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition, and quo warranto as it may consider appropriate for the purposes of enforcing, or securing the enforcement of any of the provisions of the said articles 12 to 27 inclusive to the protection of which the person concerned is entitled.” Articles 12 to 27 deal with the liberty of the individual and entrench the fundamental human rights in our Constitu...