Politics
Supreme Court quashes injunction against anti-gay bill
A Supreme Court panel of nine members, led over by Chief Justice Gertrude Torkonoo, has denied a plea to postpone Parliament’s consideration of the anti-gay measure.
The court says it is not persuaded to grant such an injunction at this time since the issues mentioned will be addressed in the substantive litigation.
This is the court’s verdict in a lawsuit brought by researcher Dr Amanda Odoi, who claims that parliament’s work on the proposed bill violates the constitution. Dr Odoi’s legal team also dropped the contempt charge against the Speaker of Parliament.
Dr Odoi is one of two persons who have filed a lawsuit against the Speaker of Parliament and the Attorney General in relation to the Anti-LGBT Law.
She claims that her checks reveal that the Speaker of Parliament has been served with all appropriate legal documents, including one requesting that the court issue an injunction prohibiting Parliament from considering the bill. Despite this, she claims that the Speaker allowed the Bill to proceed to its Second Reading in Parliament.
“That by his conduct in directing or causing Parliament to proceed to a Second Reading of the Bill, in full knowledge of the pending suit and related interlocutory injunction application, the Respondent has disregarded and disrespected the authority of this Court.
That such neglect jeopardises the result of existing litigation, throws the administration of justice into shame, and weakens public trust in the judicial system.”
On Wednesday, the court heard legal arguments over whether the case should be placed on pause. The Speaker of Parliament was not present, but Thaddeus Sory led his legal team.
Dr Odoi’s lawyers were the first to speak in court. Dr Ernest Ako, the lead attorney, urged that the court put the parliament debate on hold.
“Per the nature of the provision of article 108…assuming this bill goes through and becomes law and money is expended from the consolidated fund, we would not get the money back meanwhile Ghanaians would not get the millions that would have been spent on this law.”
“If the application is granted and Parliament does not proceed and the substantive matter is determined, parliament would just have suffered a little by not proceeding with the bill in the interim,” he stated.
Dr Sylvia Aduse, Chief State Attorney, told the court that Dr Odoi’s legal team had failed to demonstrate how they would suffer or which of their rights should be preserved in the meantime.
“He should have proved this balance of convenience well but we have not seen any evidence of that. The speaker is doing his duty and cannot be injuncted.” She said.
Lawyer for the Speaker Thaddeus Sory urged the court to dismiss the request.
“We pray that this application doesn’t satisfy any of the tests as set by this court and should be dismissed.”.
The panel presided over by the Chief Justice Indicated a case meriting an injunction has not been made.
“We have considered the merits of this case and are of the considered view that a prima facie case has not been made to convince us to injunct the work of parliament.
“Neither have we been convinced to injunct an uncompleted work of parliament. The issues raised by this application for injunction are matters to be determined by the substantive matter. This application for an injunction is dismissed.” The Chief Justice stated.
Paul Baffoe-Bonnie, Gabriel Pwamang, Mariama Owusu, Henrietta Mensa-Bonsu, Yonny Kulendi, Barbara Ackah-Yensu, Samuel Asiedu, and George Koomson are also on the panel.”
Meanwhile, Dr Odoi’s legal team has dropped the contempt complaint brought against the Speaker of Parliament.
Politics
OccupyJulorBiHouse: Organisers’ derogatory depiction of the presidency is reprehensible – Richard Ahiagbah
The New Patriotic Party’s (NPP) Communications Director, Richard Ahiagbah, has voiced his concern with the disrespectful captioning of the Jubilee House by leaders of the pressure organisation, Democracy Hub.
The organisers of the scuttled demonstration in Accra on Thursday, Democracy Hub, had dubbed the protest to occupy the precincts of the seat of government, Jubilee House, #OccupyJulorBiHouse, with ‘julorbi’ being a parody of the official name of the presidency in the Ga language, which loosely translates as ‘the child of a thief’.
Mr Ahiagbah, who backed citizens’ freedom to demonstrate, disagreed with the disparaging portrayal of the presidency.
“I don’t agree with the derogatory caption of the Presidency by the organizers of the demonstration, but impeding their right to peaceful assembly is an affront to democracy, plain and simple.”
The NPP Communications Director pointed out that there have been numerous peaceful demonstrations during President Akufo-Addo’s presidency, including the Arise Ghana demo and the Kume Preko demo, which he said did not record such events as happened on Thursday, and wondered why anyone would think the government was behind the disruption of Thursday’s demonstration.
“This is not the publicity we need on a day such as this…Allow!,” he said, in apparent condemnation of the police action.
He highlighted that the Ghana Police Service’s meddling and arrest of demonstrators who took part in the #OccupyJulorBiHouse movement is a violation of the people’s rights.
Mr Ahiagbah stressed in a post on Thursday, September 21, that “the people’s ability to engage in peaceful demonstrations is an inherent democratic right.”
Any action that prevents persons from enjoying this basic freedom, in his opinion, is just wrong.
According to Democracy Hub, the rally was held to stress their demands for lower living costs, an end to corruption, and improved governance, among other things.
However, in the early hours of Thursday, September 21, police detained 49 protestors, accusing them of unlawful assembly and violating the Public Order Act.
The detained individuals ignored court documents filed on the organisers, Democracy Hub, to prevent them from carrying out the scheduled rally.
Prof Jane Naana Opoku-Agyemang, the National Democratic Congress (NDC)’s 2020 running mate, has responded to the arrest of #OccupyJulorBiHouse activists.
It is undemocratic and useless, she claims.
The former Education Minister stated on Twitter that the police should have engaged the demonstrators rather than arrest them.
As a result, she has supported demands for the demonstrators to be arrested immediately.
https://x.com/NJOAgyemang/status/1704832264251601273?s=20
Several demonstrators were detained and escorted to the Regional Police Headquarters, including Fix The Country chairman Oliver Barker Vormawor.
They were detained in the early hours of September 21 for violating a police order prohibiting the march.
The Asantehene, Otumfuo Osei Tutu II, has voiced grave worry over the growing number of coups on the African continent.
He links these military takeovers to nations’ difficult economic situations, which resulted in the deposition of democratically elected governments.
Otumfuo Osei Tutu II spoke out strongly against military coups as a solution to Africa’s issues during the St. Andrews Africa Summit in Scotland.
He emphasised that, regardless of the circumstances, armed takeovers are not the solution.
“Let me make it categorically clear that regardless of the circumstances, I do not think that a military takeover offers the solution to the problems of our continent. There was a time when circumstances produced the notion that the gun was the solution, those times are over. We are in completely different circumstances now. The critical problems confronting Africans’ economy from North to South, East to West, the burden is the economy,” the Asantehene said.
Several African nations, including Niger and Gabon, have undergone coups in recent years.
The most recent event happened in Gabon on August 30, when military soldiers took control and proclaimed the annulment of election results that had pronounced President Ali Bongo the winner.
The announcement of the Electoral Commission generated suspicions of fraud by the opposition.
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