[1993]DLSC769 • November 30, 1993 • Supreme Court •
NEW PATRIOTIC PARTY vs. INSPECTOR-GENERAL OF POLICE
The New Patriotic Party (plaintiff) organized peaceful demonstrations and rallies protesting government policies, notably the 1993 budget. Police authorities withdrew permits previously granted for these events and violently dispersed some demonstrations, arresting participants for holding meetings without police permits under sections 7, 8, 12, and 13 of the Public Order Decree, 1972 (NRCD 68). The plaintiff challenged the constitutionality of these provisions, asserting that they violated the freedom of assembly guaranteed by the 1992 Constitution.
read moreI have had a preview of the reasons written by my brother Charles Hayfron-Benjamin JSC 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 197 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, Dixcove, Elmina, Keta, Prampram, Saltpond, Sekondi, Shama, Winneba, Anomabu, Apam, Christiansborg, 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 th...