The Accra Regional Police Command has been granted a seven-day leave by the High Court in Accra to amend errors on its motion paper seeking an injunction against the Minority’s protest dubbed ‘#OccupyBoG Demo.’
This was after the vacation High Court presided over by Justice Edward Twum ruled that, even though the application filed by the Police on the face of the motion paper is irregular, the police has the mandate to initiate such action against protesters.
Justice Twum on Friday, September 8, 2023 ruled that, the applicant (Police) has not breached any legitimate legal provision in the application for injunction citing security concerns for the court to strike it out.
The court said, even though the application filed by the Police is irregular, such technicalities should not be applied which has the implications of resulting in multiple applications that will delay the case.
Following from that, the court said, the Police is granted leave to amend the documents and have same served in the Respondent within seven days.
“In the interest of fairness and justice, it is the considered view of this court that technicalities should not be employed which has the potential to result in multiple applications and the delay of this proceeding,” Justice Edward Twum ruled.
“This court thinks it is proper to grant leave to the Applicant to amend the title of this application to enable this court proceed to determine the real issues in controversy between the parties.
“In the circumstances, the preliminary legal objection raised by counsel for the Respondents is hereby overruled.
“The Applicant (Police) is hereby granted leave to amend the title of the application (to reflect the real intentions of the Applicant as can be gleaned from the affidavit in support) and have same served on the Respondents within seven days from the date hereof for the motion to be heard.
“I cannot conclude this ruling without addressing the submission by counsel for the Applicant to the effect that the Ghana Police Service is a constitutionally created entity.
“As rightly rebutted by counsel for the
Respondents, the Ghana Police Service is a creation of an Act of Parliament (Act 350, unlike institutions like the Electoral Commission which was created by the Constitution (Article 43(1) of the Constitution,1992).
“This does not, as indicated earlier in this ruling, prevent the Ghana Police Service, through the Inspector-General of Police to initiate civil actions in its own name and capacity or to defend itself in civil matters brought against the Ghana Police Service,” the court ruled.
Commendation
Justice Twum despite overruling the objection commended the respondents for the objection.
“Again, mention must also be made of the commendable exhibition of effective scrutiny and diligence by counsel for the Respondents.
“This court view such high level of commitment to duty exhibited by counsel for the Respondents at the Bar as commendable which no doubt would impact positively on the junior lawyers who may be observing such proceedings.
“This court appreciates such commendable efforts which are all geared towards the development of the law in this country,” the Court observed.
Source:starrfm.com
