The Human Rights Division of an Accra High Court has dismissed an interlocutory injunction filed by the Member of Parliament for Madina, Francis Sosu Xavier, against the Inspector General of Police and his officers.
Presiding over the court, Her Ladyship Justice Barbara N. Tetteh-Charway ruled that based on the nature of the substantive application, the motion for injunction is “inappropriate.”
When the case was called yesterday, the court, after ruling on the application, directed the parties to file their written submissions on or before April 15.
The Judge handed her ruling in the presence of the Madina MP, who is the applicant in the case, and his legal representatives, while a Chief State Attorney, Clarence Kuwornu, represented the IGP as a legal representative.
The court, through Justice Tetteh-Charway, further requested the parties to report back to court on April 27 for a date to be fixed for judgment.
Mr. Xavier Sosu had sought to take cover from the courts to stop the IGP from any attempt to allegedly infringe on his personal and human rights as a citizen. He was asking for an interlocutory injunction against the IGP and his officers from attempting to arrest, investigate and prosecute him.
In the substantive matter, the MP is asking the court to enforce his rights, order for the enforcement of his right to free movement, protest, demonstration, and personal liberty, among others, under Article 14(1), 21(1), and 33 of the 1992 constitution.”
Background
The Ghana Police Service had secured a judicial order for the Madina MP, Xavier Mr Sosu, to appear in court in November last year, following several failed attempts by the police to arrest the legislator, who was alleged to have breached the law during a demonstration by residents of Oyarifa and its environs.
Police could not arrest the MP on two occasions, while attempts to invite him through the Speaker of Parliament were also abortive.
He is alleged to have led and organised a demonstration on October 25, 2021 for some of his constituents to express their displeasure over alleged poor nature of their roads. The exercise, however, culminated, according to the police, in the blocking of roads and burning of tyres, as well as alleged destruction of public property.
Mr Sosu, after failing several times to honour police summons, accused the security agencies of being disingenuous with their account of events.