NEW PATRIOTIC PARTY vs. INSPECTOR-GENERAL OF POLICE [1993]DLSC769

Date	1993-11-30
Suit No.
Citation No.	[1993]DLSC769

ARCHER CJ JSC

FRANCOIS JSC

AMUA-SEKYI JSC

AIKINS JSC

EDWARD WIREDU JSC

BAMFORD-ADDO JSC

CHARLES HAYFRON-BENJAMIN JSC.

PETER ALA ADJETEY (WITH HIM SAM OKUDZETO NANA AKUFO-ADDO AFRAM ASIEDU AND MISS GLORIA AKUFFO) FOR THE PLAINTIFF.

MARTIN A B K AMIDU DEPUTY ATTORNEY-GENERAL (WITH HIM MRS POBEE-ORLEANS AND MRS ADUSA-AMANKWAH CHIEF STATE ATTORNEYS) FOR THE DEFENDANT.

[1993]DLSC769
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">NEW PATRIOTIC PARTY<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">INSPECTOR-GENERAL OF POLICE<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p>[1993-94] 2 GLR 459<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 30
NOVEMBER 1993<o:p></o:p>

</div>COUNSEL:<o:p></o:p>PETER ALA ADJETEY (WITH HIM SAM OKUDZETO, NANA AKUFO-ADDO, AFRAM
ASIEDU AND MISS GLORIA AKUFFO) FOR THE PLAINTIFF.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

MARTIN A B K AMIDU, DEPUTY ATTORNEY-GENERAL (WITH HIM MRS
POBEE-ORLEANS AND MRS ADUSA-AMANKWAH, CHIEF STATE ATTORNEYS) FOR THE DEFENDANT. <o:p></o:p>

ARCHER CJ, FRANCOIS, AMUA-SEKYI, AIKINS, EDWARD WIREDU,
BAMFORD-ADDO AND CHARLES HAYFRON-BENJAMIN JJSC. <o:p></o:p>

</div>JUDGMENT ARCHER CJ.<o:p></o:p>I 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.<o:p></o:p>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 the holding of company
meetings in a public place of ten or more members of a native company under the
direction of a supi or headman. Company flags or tribal emblems could not be
exhibited without the permission in writing of a district commissioner. The
police were given powers to seize such items.<o:p></o:p>Then on 1 July 1922 when the Police Force Ordinance, Cap 37 was
enacted, the police were under its section 54 given powers to regulate traffic
by stopping and diverting the course of traffic. The Governor in-Council was
also empowered to make regulations with respect to the assembling and movements
of meetings and processions in public ways and public places. It is interesting
to note that section 54(3) of Cap 37 and the Native Customs Ordinance of 1892
prevailed until they were repealed by the Public Order Act, 1961 (Act 58) which
introduced police permits for meetings and processions in public places.<o:p></o:p>It seems incongruous that legislation that was originally meant to
control asafo companies, yam festivals, fetishes a century ago, should be
allowed to develop into hideous and ugly tumours on the near immaculate face of
our present Constitution, 1992. Those who introduced police permits in this
country do not require police permits in their own country to hold public
meetings and processions. Whey should we require them?<o:p></o:p>Article 21 of our Constitution, 1992 guarantees freedom of
assembly, including freedom to take part in processions and demonstrations.
This provision is in consonance with similar provisions in the United Nations Charter
on Human Rights although Ghana was not a signatory in 1948 because it was a
British colony at the time. The Organisation of African Unity has produced an
African Charter on Human and Peoples’ Rights, article 71 of which reads:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Every individual shall have the right to assembly freely with
others. The exercise of this right shall be subject only to necessary
restriction provided for by law in particular those enacted in the interest of
national security, the safety, health, ethnics and rights and freedom of
others.”<o:p></o:p>Ghana is a signatory to this African charter, and member states of
the Organisation of African Unity and parties to the charter are expected to
recognise the rights, duties and freedoms enshrined in the charter and to
undertake to adopt legislative or other measures to give effect to the rights
and duties. I do not think that the fact that Ghana has not passed specific
legislation to give effect to the charter, means the charter cannot be relied
upon. On the contrary, article 21 of our Constitution, 1992 has recognised the
right of assembly mentioned in article 71 of the African charter.<o:p></o:p>It follows that section 7 of the Public Order Decree, 1972 (NRCD
68) is not only inconsistent with article 21 (1)(d) of our Constitution, 1992
but is also in contravention of article 71 of the African Charter on Human and
Peoples’ Rights adopted by the Assembly of African Heads of State and
Government in June 1981 in nairobi, Kenya.<o:p></o:p>