Court to hear Sosu, IGP case on February 1, next year
The case in which Francis Xavier Sosu, Member of Parliament for Madina, has sued the Inspector General of Police (IGP) over enforcement of his fundemental human rights, has been adjourned to February 1, next year, for hearing.
The court has also granted Sosu leave to amend his motion of interlocutory injunction by December 23, this year.
It further directed the State to file its response to the amended interlocutory injunction by January 14, next year.
The State, represented by Mr Clarence Kuwornu, Chief State Attorney, raised preliminary objection to the injunction.
According to Mr Kuwornu, the IGP ( the respondent) held that the motion was incompetent as the matter before the court had to do with land.
The motion prayed that the respondent, his officers, assigns, workers should be restrained from trespassing on Sosu’s land.
In as much as the applicant motion was for human rights, he could not impose on the respondent a restraint, including his workers, assigns, workers, officers from investigating and tresspassing on land of the applicant, ” the Chief State Attorney said.
Mr Kuwornu said the applicant should withdraw his application for interlocutory injunction to pave way for substantive hearing of the case.
Mr Sosu then sought leave to amend the motion for interlocutory injunction.
The Madina MP said the issue of land was inadvertently put in the motion because men (officers) of the respondent attempted to arrest him at church and home.
He noted that the objection was appropriate to the extent that the wording of the motion paper was in complete and same did not wholly reflect the remedies prayed in the substantive action before the court.
According to him, the motion paper should have read motion on notice praying for an order of interlocutory injunction to restrain the respondent’s assigns among others from arresting, investigating and maliciously prosecuting him (the applicant) pending the determination of the suit.
The court presided over by Justice Mrs Barbara Tetteh Charway ruled that it was clear that the facts of the statement of case and affidavit in support of the case did not support the motion for interlocutory injunction and anyone who read it would know that there was “a mistake”.
Francis-Xavier Kojo Sosu, Member of Parliament for Madina Constituency, sued the Inspector General of Police (IGP), Dr George Akuffo Dampare.
In a motion on notice, the Madina Legislator is praying for the enforcement of his fundamental human rights.
Sosu is seeking an order that the attempt by Officer of the IGP to arrest him on October 25, this year without informing him (Sosu) over reasons for his arrest was unlawful.
Additionally, he was also seeking an order of the court that the attempt by the officers of respondents to arrest him at church without reason, was unlawful.
The Legislator further prayed the court for an order directed at the IGP to pay him compensation for unlawful and unwarranted breach of his (Sosu) human rights.
The applicant (Sosu) is seeking a declaration that the conduct of the IGP was in breach of the standards of “fairness and reasonableness under Article 23, proper use of discretion under Article 296 and all implied rights inherent in a democracy intended to secure the freedom and dignity of man which include, the right not to be subjected to arbitrary and malicious prosecution under Article 33 (5) of the 1992 Constitution.”
He is seeking “a declaration that the Police action violates rights to protest and demonstrations.”
In his affidavit in support of the motion on notice, the MP said on October 25, this year, as part of his parliamentary duties, he led the chiefs, elders and youth and organisation associations along the Ayi Mensah, Kweiman, Danfa, Adoteiman and otinibi to protest and demonstrate against the deplorable roads in their communities.
According to Sosu, the said demonstration was done in accordance with the Public Order Act and there was no destruction of public or private properties and “we recorded no casualties.”
“That said peaceful protest and demonstration was done in the glare of the media and Police officers who were with us throughout the demonstration, and there was no single news item of any destruction of public property.”
According to him, in his capacity as MP, he picked up intelligence that the community wanted to take the law into their own hands and hit the road and demonstrate on account of the bad roads.
Based on the intelligence, Sosu said he reached out to the various community leaders and the various stakeholders, and a communique dated on September 27, 2021, by which a 14-day ultimatum was given to the government for contractors to show up within the communities.
He said after expiration of the ultimatum and without any response, he issued a letter to the Ghana Police Service through the Divisional Commander at Adenat/ Abokobi.
The Legislator said the said letter was dated October 11, this year, and that he notified the Police about the intended protest on October 18, this year.
He said he received a response from the Police that the said demonstration should be held on October 25, this year.
Sosu said after the demonstration, he told the youth that the reasons for the demonstration was to draw the government’s attention to the bad state of roads and that soon after addressing the youth, the Police informed him that he was needed by the District Commander to answer a few questions.
The MP said he informed the Police that he was on his way to Parliament for some Parliamentary duties.
“That the attempt by two officers of the respondent to publicly arrest and manhandle me amounts to an act intended to impede and obstruct the legitimate discharge of my duties as a Member of Parliament and the said act is an affront to the Parliament of the Republic of Ghana,” he said.
Source: GNA