The Greater Accra Regional Command of the Ghana Police Service has filed an application at the High Court seeking an order of injunction to stop the organizers of a Gen-Z demonstration aimed at protesting against economic hardship from going ahead with the protest.
The organizers—Positive Transparency and Accountability Movement-Ghana (PTAAM-GH), Arise Ghana, and Alliance for Social Equality and Public Accountability (ASEPA) Ghana—have notified the police of their intention to stage the demonstration.
The protest, according to the organizers, is expected to put not less than two million young people on the streets of Accra from July 31 to August 6, 2024.
The objective of the protest is to demonstrate against the severe economic hardships affecting mainly the youth in this country, driving a number of them into drug addiction, dangerous journeys, and even joining terrorist groups.
The exercise is also to protest the heavy taxes the government has compounded on citizens, including the needless betting tax, COVID tax, sanitation tax, and the increased taxes on internet data, among others.
The protest is also to express Gen-Z’s disgust for the massive corruption and nepotism that has characterized the Akufo-Addo-Bawumia administration.
However, following a disagreement with the police on the modalities of the protest, the Inspector General of Police, through the Regional Command, has filed a motion for injunction.
In a motion filed on July 25, 2024, to prohibit the holding of a special exercise, it was stated that the motion would be moved on Tuesday, July 30, 2024.
“TAKE NOTICE that this Honourable Court shall be moved by Counsel for and on behalf of the Applicant herein, praying this Honourable Court for an order prohibiting the respondents from holding an intended demonstration from 31st July 2024 to 6th August 2024 at the Black Star Square (Independence Square), upon the grounds contained in the accompanying affidavit and for such further orders as this Honourable Court may deem fit,” the motion stated.
The application for an order to prohibit the holding of a demonstration under section 1(6) of the Public Order Act, 1994 (Act 491), and the inherent jurisdiction of the High Court named the Inspector General of Police as the plaintiff and Ebenezer Havor, President of PTAAM-GH, Bernard Mornah, Co-Convener of Arise Ghana, and Mensah Thompson, Executive Secretary of ASEPA, as the defendants.
Affidavit in Support
Portions of the affidavit in support of the motion are as follows:
“That, upon receipt of the notification letter, the Accra Regional Police Command invited the respondents for a meeting on June 25, 2024, to discuss and address the security issues contemplated by the Command.
“That at the said meeting, the Command requested respondents to reconsider the number of days and time duration each day for the demonstration since it would put a serious strain on the Command’s human, logistical, and operational capabilities, which could likely affect other routine operations and duties performed by the Command, considering the fact that the police population within the region is just about six thousand.
“That the respondents, in response to the meeting with the Command, through subsequent letters, reduced the time of closure for the demonstration each day from 2:00 am to 12:00 midnight but maintained the number of days, among other things.
“That on July 22, 2024, the Greater Accra Regional Police Command informed the respondents in writing of its inability to sanction the intended demonstration due to their failure or refusal to adhere to the security concerns raised by the Command during the meeting with them.
“That by a letter dated July 23, 2024, to the Regional Police Commander, the respondents maintained their decision to embark on the intended demonstration regardless of the Command’s decision not to sanction the demonstration.
“That the Command is convinced that the proposed demonstration if allowed to go on in its current form, may compromise public defense, public order, public safety, the running of essential services, as well as the violation of the rights and freedoms of other persons.
“That the Command, around this period, is involved in a lot of operational activities within the region due to the celebration of the annual Homowo festival, which is normally occasioned with security disturbances as a result of chieftaincy disputes in some of the local communities.
“That in view of the impending general elections, there are also a lot of political activities within the various police divisions and districts which require visible police presence to ensure the safety of such political actors and the general public.
“That to safeguard the security of the region and the nation as a whole, the Regional Command has mobilized backup personnel from the National Headquarters to assist in areas with personnel shortfalls, since it has exhausted and deployed all available personnel within the region for various engagements.
“That due to the strain on the availability of personnel to perform various duties, the Regional Command, based on directives from the National Headquarters, has suspended leave of absence in order to get available men to ensure effective law enforcement from this period till after the elections. Attached and marked as Exhibit GPS-6 is the signal from the Regional Commander to all Divisional Commanders and Unit heads within the region.
“That the respondents have not given convincing reasons for insisting on maintaining the seven-day long demonstration between the hours of 10:00 am to 12:00 midnight each day.
“That in view of the above, if the respondents are allowed to embark on the seven-day long demonstration from 10:00 am to 12:00 midnight each day, it may lead to operational gaps within the region, since other sensitive areas may be left without personnel to police during the duration proposed by the respondents.
“That I am advised and verily believe same to be true that the right of the respondents to demonstrate, provided under the 1992 Constitution, is not absolute but subject to the public interest and the general good of society.
“That I am further advised and verily hold same to be true that this Court, under the circumstances, has the jurisdiction to impose restrictions that are reasonably required in the interest of public defense, public safety, and public order, or to prevent the violation of the rights and freedoms of other persons.
“That I am finally advised and verily hold same to be true that this is a just cause for this Honourable Court to exercise its jurisdiction in the interest of defense, public order, public safety, and effective policing, to issue an order to respondents, their agents, assigns, and anyone claiming through them to reduce the duration of the intended demonstration to two days from 10:00 am to 6:00 pm each day.”
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