Law that imposed restrictions during COVID-19 era unconstitutional- SC declares
The said Law, which was passed by Parliament and assented to by the President on March 21, 2020, gave effect to paragraphs (c), {d), and (e) of clause (4) of article 21 of the Constitution
The Supreme Court of Ghana has struck out the Imposition of Restrictions Act, of 2020, describing the same as unconstitutional.
The said Law, which was passed by Parliament and assented to by the President on March 21, 2020, gave effect to paragraphs (c), {d), and (e) of clause (4) of article 21 of the Constitution which imposes restrictions on persons in the event or imminence of an emergency, disaster or similar circumstance to ensure public safety, public health, and protection.
This law further empowered the President to impose restrictions per the above constitutional provisions by Executive Instrument, thus leading to the introduction of E.I. 164, E.I. 66, E.I. 67, E.I. 64. and E.I. 65.
However, a human rights activist and a Law Professor, Prof Kwadwo Appiagyei-Atua, and others went to the apex court contending among others that the said law empowered the president to unlawfully restrict fundamental human rights and freedoms to the exclusion of the extraordinary powers granted the Judiciary and Parliament in such instances.
In a unanimous decision of the seven-member panel presided over by Dotse(JSC) and comprising Amegatcher(JSC), Kotey(JSC), Lovelace(JSC), Tanko(JSC), Mensa-Bonsu(JSC) and Kulendi(JSC), agreed with this assertion.
As such, the court held that the Law is unconstitutional and thus struck down.
