[1993]DLSC4385 • November 30, 1993 •
NEW PATRIOTIC PARTY vs . INSPECTOR-GENERAL OF POLICE AND OTHERS
The New Patriotic Party (NPP) and other political parties organized peaceful demonstrations and rallies protesting government policies, including the 1993 budget. Police granted permits for some rallies but subsequently withdrew them and prohibited the events. During a peaceful demonstration in Accra on 16 February 1993, police violently dispersed participants and arrested some for demonstrating without a permit under the Public Order Decree 1972 NRCD 68. The NPP challenged the constitutionality of sections 7, 8, 12, and 13 of the Decree, which regulate public meetings and processions through police permits and powers to disperse assemblies.
read moreARCHER CJ. I have had a preview of the reasons written by my brother Hayfron-Benjamin and I agree with them but I wish to add a few words to demonstrate that police permits are colonial relics and have no place in Ghana in the last decade of the twentieth century. My brother has mentioned the Criminal Code 1892 but I want to mention one particular Ordinance also enacted in the same year. It is the Native Customs (Colony) Ordinance (Cap 127) passed on 15 July 1892. This ordinance restricted the celebration of native customs without the permission in writing of the District Commissioner in certain towns in the Colony namely Accra, Ada, Axim, Cape Coast, Discove, Elimina, Keta, Prampram, Saltpond, Sekondi, Shama, Winneba, Anomabu, Apam, Christianborg, Kormantin, Labadi, Moree and Manford. Krobo customs like Dipo were also prohibited. Penalties were imposed for violations of these restrictions and prohibitions. A District Commissioner was also empowered to make an order prohibiting the ho...