[2017]DLHC4224 • March 17, 2017 • High Court
MARTIN KPEBU vs. ATTORNEY-GENERAL
The Applicant, Martin Kpebu, a private legal practitioner interested in public interest litigation, filed an application for judicial review seeking a mandamus order compelling the State through the Attorney-General to implement section 83 of the Domestic Violence Act, 2007 (Act 732), which mandates free medical care for victims of domestic violence. The Applicant contended that the State had failed to establish and operationalize the Victims of Domestic Violence Support Fund as required by sections 29 and 31 of Act 732, thereby denying victims the statutory benefits including free medical care.
read moreThis is the Judgment in the application for judicial review filed on 5th July 2016 by the Applicant herein Martin Kpebu, Esq., a private legal practitioner who is exceptionally interested in public interest law and litigation. He is undoubtedly entitled to commendation for his dedication, time and expense in his pro bono pursuit of the rights and freedoms of the vulnerable in society. By this application the Applicant seeks an order of mandamus “to compel the state through the Attorney-General to implement section 8(3) of the Domestic Violence Act, 2007 (Act 732) which mandates the state to provide free medical care to victims of domestic violence…” The Respondent is the Attorney-General who is constitutionally tasked to defend the State in all civil suits. This is a public interest action and the Applicant claims the following reliefs: “a) An order of mandamus to bring up into this court, compelling the state to provide free medical care to the victims of Domestic Violenc...