[2015]DLHC4731 • November 30, 2015 • High Court
THE REPUBLIC vs. CIRCUIT COURT ACCRA (RESPONDENT) EX PARTE: GIFTY OWARE-ABOAGYE (APPLICANT) AND THE INSPECTOR GENERAL OF POLICE POLICE HEADQUARTORS AND THE ATTORNEY GENERAL (INTERESTED PARTIES)
The applicant, a member of the 'Let My Vote Count Alliance', notified the police of an intended peaceful demonstration in accordance with the Public Order Act, 1994 (Act 491). The police initially approved the demonstration but later obtained an ex parte interim injunction from the Circuit Court to restrain the demonstration scheduled for 29th September 2015. The applicant challenged the injunction, alleging the Circuit Court lacked jurisdiction and that the ex parte order breached the audi alteram partem rule.
read moreThe applicant is before this Court to invoke its supervisory jurisdiction over the Circuit Court with respect to the application granted by a Circuit Court Accra in suit no. 21/140/16 entitled "Motion Ex parte: for application for order to stop LET MY VOTE COURT ALLIANCE', Alliance for Accountable Governance (AFAG). The movement for change, coalition for Free, Fair and Transparent Elections from Demonstrating on the 29/09/2015, Public Order Act 1994 Section 106). The applicant is seeking from this court a declaration that the restraining order of the Circuit Court Accra dated 28th September, 2015, was made without jurisdiction and it also breached the audi alterem partem rule and should be quashed by an order of certiorari. The facts of the applicant's case is that on 1st September, 2015 a movement in which she is a member and known as "Let my Vote Count Alliance" wrote to the Police in accordance with Section 1 of the Public Order Act, 1994 (Act 491) to notify them of the day, tim...