Imposition of Restrictions Act contravenes 1992 Constitution-8 citizens to SC

Eight(8) Citizens of the Republic of Ghana have filed a writ at the Supreme Court invoking the apex Court’s original jurisdiction per Article 2(1) and 130(1) for inter alia, a declaration that the Imposition of Restriction Act, 2020(Act 1012) contravenes the Constitution, 1992 to the extent that;

i.It empowers the President to unilaterally suspend fundamental human rights and freedoms in the whole or part of Ghana.

ii. Excludes the special role of the Chief Justice and the Superior Court of Judicature in managing or regulating the suspension of fundamental human rights and freedoms.

iii. Excludes the role of Parliament in managing or regulating the suspension of fundamental human rights and freedoms in the whole or a part of Ghana.

The Plaintiffs, who are; Prof. Kwadwo Appiagyei-Attua, Dr. Sena Dei-Tutu, Felicity Nelson, Benjamin Darko, Samson Lardy Anyenini, Golda Addo, Democracy Hub LBG, and Democratic Accountability LAB LGB per their Counsel, Dr. Justice Srem-Sai, are in the apex court also seeking a declaration that Article 21(4) (C ) or (e ) of the 1992 Constitution may not be applied to suspend a fundamental human right or freedom during a public emergency.

Additionally, an order to strike down the Imposition of Restriction Act, 2020(Act 1012) as void; and

Any order(s) or relief(s) that the honorable Court may deem fit.

FACTS OF THE CASE

Following the detection of the first COVID case in Ghana on March 12, 2020, the President of the Republic presented an address to the Nation in which he outlined a series of anti-coronavirus measures.

Subsequently, by the Declaration of Public Health Emergency(Coronavirus Disease Pandemic Instrument, 2020(E.I. 61), a public health emergency was declared per Section 169 of the Public Health Act, 2012(Act 851). The President then instructed the Attorney general to submit before Parliament emergency legislation under Article 21(4) (c ), (d), and (e ) of the 1992 Constitution.

 The draft legislation was laid before Parliament within 5 days of the President’s direction. The Bill was then passed by a voice vote and was within 24 hours, assented to by the President. The Imposition of Restrictions Act, 2020(Act 1012) was thereafter published in the Gazette and thereby entered into force on March 21, 2020.

The plaintiffs contend that the terms and tenor of the Act are inconsistent with the Constitution, 1992, and are therefore void and equally inconsistent with Ghana’s duly ratified and long-standing international law obligations.