CJA LOSES BID TO GET CLEARANCE FOR PROCESSION

THE Committee for Joint Action (CJA), has lost in its bid to get clearance from the court to go on a procession next Tuesday in celebration of Ghana’s 50th year of freedom.
That was after the Accra Fast Track High Court dismissed an application seeking to set aside the court’s earlier decision restraining the committee or any other organisation from going on a procession between March 5 and 15 , 2007.
In dismissing the application, the court said it was mindful of Article 21 (1) of the 1992 Constitution, which guarantees freedom of association including the freedom to take part in processions but reiterated that “in times of necessity, the interest of the nation should override individual rights or parochial interests”.
After the court’s ruling, some members of the CJA who were in court displayed posters some of which read “Ghana @ 50 yet no freedom of assembly”,” Ghana @ 50 Police Commander is partisan”, “Ghana @ 50 thank you party policeman Akrofi Asiedu”.
Some notable members of the committee, namely, Mr Ato Ahwoi, Kwesi Pratt Jnr, Mrs Ama Benyiwa Doe, Ms Emelia Arthur, among others, attended the court followed by a few other members.
In its ruling on March 1, 2007, the court ordered that it would be illegal for any person or persons acting under the banner of the CJA or any other organisation to organise and undertake any activity or procession in celebration of the anniversary within the period without the express permission in writing to the police.
The court, presided over by Mr Justice P. Baffoe-Bonnie, a Court of Appeal judge sitting as a High Court judge, gave the order after the Inspector-General of Police (IGP) had filed an ex-parte motion for an order of interim injunction to restrain the holding of a procession on March 6, 2007 by the CJA.
An affidavit in support of the motion and deposed by Bernard Mornah of Tantra Hill, Accra, a spokesman of the CJA, said that irreparable damage would be occasioned to the rights of the CJA if the restraining order was made to stand.
He said there was absolutely no security threat posed by the CJA procession along the route proposed by it and that the organisers had never in any way evinced any intention to embarrass the state or foreign dignitaries attending the Jubilee celebration.
On the contrary, he said, the procession was to provide alternative opportunities to other citizens to mark the anniversary.
Arguing the motion ex-parte, counsel for the CJA, Mr Mahama Ayariga, stated that the court’s restraining order was irregular because it was not warranted by any enactment or rule of procedure.
He said in the absence of a substantive cause or matter between the IGP and the CJA subsisting in the court and initiated either by an originating motion on notice or by a regular writ, the IGP had no base from which to make an interlocutory application.
“This Honourable court erred in law in making an order for interlocutory interim injunction”, he added and quoted Order 25 of the High Court (Civil Procedure) Rules 2004 (CI 47) that “any party to a cause or matter may apply for the grant of an injunction before or after the trial of the cause or matter, whether or not a claim for the injunction was included in the party’s writ, counter claim or third party notice”.
Mr Ayariga further argued that the court’s order that the CJA or any other organisation were not allowed to hold any activity between March 5 to 15, 2007, was without basis in law because it was inconsistent with Article 21 (1) (d) the Constitution and the Public Order Act 1994 (Act 491).
He said if anything at all the police could have provided an alternative route to the CJA, which was bent on going on a peaceful procession.
In dismissing the motion, Mr Justice Baffoe-Bonnie expressed surprise at the line of argument by counsel and stated that the court was of the opinion that the ex-parte application by the IGP was properly brought before the court and satisfied with it, the court granted it.
He said he believed that the inability of the police to provide adequate personnel for the procession was enough ground for the granting of the application.
Mr Justice Baffoe-Bonnie said no procession started off as violent but there had been instances where the organisers have been seen restraining participants from going wayward.
According to him, the alertness of the police and the security agencies towards the Jubilee celebration was not restricted only to March 6, 2007 and that the 10 days order was long enough for the police to sort themselves out to enable them to provide the high service expected of them.