Court Rejects CJA's Appeal

By William Yaw Owusu

Saturday, 03 March 2007
AN Accra Fast Track High Court has re-affirmed its decision not to allow the Committee for Joint Action (CJA) to go on a procession between March 5 to March 15.

This follows the dismissal of an ex-parte application filed by the CJA yesterday to set aside the court’s decision on Thursday, restraining it from going on a procession on Independence Day, March 6.

The court, presided over by Justice Paul Baffoe-Bonnie of the Court of Appeal, had on Thursday, ruled that "the CJA or any organisation, by themselves, their agents and/or servants are hereby restrained from going on any procession peaceful or otherwise on the 6th of March or any other day within 10 days of the 5th of March, i.e. from 5th of March to celebrate the 50th anniversary of Ghana’s Independence."

The court’s order was in response to an ex-parte application filed by the Inspector-General of Police (IGP), seeking to restrain the CJA from organising a procession on Independence Day.

Assistant Commissioner of Police, K. K. Amoah, who argued on behalf of the Police Administration, said that allowing the CJA to go on the procession on March 6, would cause an inconvenience to the police and an irreparable damage to the state.

He had argued that should the procession be allowed, it could create disorder and confusion since intelligence reports indicate that other groups have threatened to confront the CJA on Independence Day.

"The strength of the police and all the security agencies have been stretched to the maximum and will be on parade and also provide security for the Heads of State and other dignitaries attending the anniversary."

Moving the motion yesterday to set aside the court's decision, Mahama Ayariga, a Member of Parliament and counsel for the CJA, said "the committee has at all material times stated that the procession is not a public protest, but an alternative opportunity."

He said some of the orders made by the court were without basis in law, adding, "this order in effect says that between the 5th of March and 15th of March, either the CJA or any other organisation that seeks to organise an activity to commemorate the independence anniversary must obtain an express permission in writing from the police." This is clearly in consistent with the constitution.

Mr. Ayariga further said that the court's order was inconsistent with the Public Order Act 1994 (Act 491) and Article 21 (1) (d) of the Constitution which guarantees freedom to partake in processions.

He said, "In the absence of a substantive cause or matter between the IGP and the CJA subsisting in this court and initiated either by an originating motion on notice or by a regular writ, the IGP has no base from which to make an interlocutory application and this court erred in law in making the order.

"The order to restrain the CJA from organising a procession is irregular because it is not warranted by any enactment or rule of procedure and the irreparable damage cited by the police will be occasioned to the rights of the CJA if the restraining order is made to stand."

Dismissing the CJA's motion, the court held that "the interest of the nation should overrule individual rights or parochial interest."

The court further explained that the 10-day period given was long enough for the police to sort themselves out and offer better protection for the CJA after the period, adding "the alertness of the police and other security agencies is not restricted to March 6, alone, it is a long process."

After the ruling, Mr. Kwesi Pratt Jr., Mr. Ato Ahwoi, Ms. Ama Benyiwa Doe, Mr. Bernard Mornah, Ms. Emelia Arthur and other members of the CJA leadership who were in court, expressed their dissatisfaction.

Mr Ayariga, who is also a leading member, said they were going to get the decision reversed at a higher forum.