Court Stops C.J.A

By William Yaw Owusu

Friday, 02 March 2007
AN Accra Fast Track High Court yesterday restrained the Committee for Joint Action (CJA) from going on any procession between March 5 to March 15.

This means that the intended street procession planned by the CJA for March 6, to commemorate the 50th Anniversary of Ghana’s independence cannot be held anytime between March 5 and 15, both days inclusive.

The court’s order is in response to an ex-parte application by the Inspector General of Police seeking to restrain the CJA from organising the procession on Independence day.

The court, presided over by Justice Paul Baffoe-Bonnie of the Court of Appeal, ordered: "The Committee for Joint Action 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 March, i.e. from 5th March to and including 15th of March to celebrate the 50th anniversary of Ghana’s independence."

Moving the application, K.K. Amoah, Assistant Commissioner of Police, who represented the Police Service, said the intended ‘People’s Jubilee Procession’ by the CJA on March 6, would cause an inconvenience to the police administration and an irreparable damage to the state.

"The CJA have refused the request by the police to postpone this event and are bent on going on the procession but the strength and capacity of the police have been stretched to the maximum limit due to the impending anniversary and we cannot provide adequate security for them."

Counsel said should the procession be allowed, it could create disorder and confusion since intelligence report indicated that other groups had threatened to confront

“The strength of the police and all the security agencies have been stretched to the maximum.

“They will be on parade and provide security for the Heads of State and other dignitaries attending the anniversary.”

Mr. Amoah said the application was filed under the sections of the Pubic Order Act, Act 419, and the court was vested with the power to use its discretion to grant the application.

He said further that the CJA could organise the procession on any other day apart from March 6, saying “The Golden Jubilee celebration is a year long activity which is not limited to March 6. The intended procession can take place any date after March 6.”

When questioned by the judge why the IGP did not “come on notice for the matter to be argued,” counsel replied: “The period between now and the Independence day is so short a time that coming by motion ex-parte is more preferable and convenient.”

The judge in giving the order said the court had taken judicial notice of the fact that March 6 was of “paramount significance” to the country and that host of foreign dignitaries including Heads of State will grace the occasion.

“The court has no doubt about the heavy burden placed on the Police Service on that day. The police certainly would not want any security mix up,” he said.

The judge, however, expressed his displeasure at the way and manner in which the application was brought saying the Police Administration had all the time to file the application on notice for the CJA to appear before the court to argue the matter.

“In times necessary, the interest of the nation should override individual rights or parochial interest,” the judge said.

“It is further ordered that for the avoidance of doubt, it shall not be lawful for any person(s) acting under the banner of the CJA or any other organisation to organise and undertake any activities or procession in celebration of the anniversary from March 5 to March 15 without the express permission in writing by the police.”

Later in an interview, Douglas Akrofi Asiedu, the Greater Accra Regional Police Commander, who represented the IGP in court, said apart from the CJA, three other organisations including the Conventions People’s Party (CPP) have applied to hold procession but were turned down due to similar constraints.