THE REPUBLIC vs. NANA KOFI AMOO III EX-PARTE: NANA EWIA {HEAD OF THE EZOHILE FAMILY} & 19 ORS

RULING This is an Originating Motion on Notice filed on 14th April, 2023 for the enforcement of fundamental human rights. Applicants herein are praying the court for an order to compel the Respondent to permit them to practice their cultural rights under the Ghana Constitution 1992 i.e. to exercise their right to bury their dead at the public cemetery at Egyambra. Per the motion paper, the action of the applicant is premised on Article 33 (1) of the Constitution, 1992; and Order 67 of the High Court Civil Procedure Rules, 2004 (C.I. 47). Article 33 (1) provides: "Where a person alleges that a provision of this constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the High Court for redress.” Order 67 Rule 1 of C.I. 47 also provides: “A person who seeks redress in respect of the enforcement of any funda...