Gen-Z Demo: Court to hear Police injunction against organisers from protesting today
The High Court in Accra is expected to hear an application filed by the Inspector General of Police of the Ghana Police Service at the High Court seeking an order of injunction to stop the organizers of Gen-Z demonstration aimed at Protesting against economic hardship.
The organisers – 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 demonstration.
The protest, according to the organisers, is expected to put not less than two million young people on the streets of Accra from tomorrow July 31 to August 6, 2024.
The objective of the protest was 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 terrotist 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 was also to drum home Gen-Z’s disgust for the massive corruption and nepotism that has characterized the Akufo-Addo-Bawumiah administration.
But, following a disagreement with the police on 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 said the motion would be moved on today, 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 for 31st July 2024 to 6th August, 2024 at the Blackstar Square (Independence Square), upon the grounds contained in the accompanying amdavit and for such further orders) as this Honourable Court may deem fit,” the motion stated.
The application for an order to prohibit holding of a demonstration under section 1(6) of the Public order Act, 1994 (Act 4911 and the Inherent jurisdiction of the High Court named the Inspector General of Police and the Plaintiff and Ebenezer Havor, President of PTAAM-GH), Bernard Mornah (Co-Convener of Arise Ghana and Mensah Thompson,(Executive Secretary, ASEPA) as the defendants.
Affidavit in support
Portions of the affidavit in support of the motion is 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 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
2:00am to 12:00 midnight but maintained the number of days among other things.
“That on 22nd July, 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 23rd July, 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 defence, public order, public safety, the running of essential services as well as the violation of the rights and freedoms of any 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 mobilised back up personnel from the National Ieadquarters to assist in arcas 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 (7) day long demonstration between the hours of 10:00am to 12:00 midnight each day.
“That in view of the above, if the Respondents are allowed to embark on the seven
(7) day long demonstration from 10:00am 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 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 defence, 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 defence, public order, public safety, and effective policing to issue an order to Respondents, their agents, assigns and any one claiming through them to reduce the duration of the intended demonstration to two (2) days from 10:00am to 6:00 pm each day.
