NIA sued over covid-19 directives snub

Two Ghanaians have sued the National Identification Authority (NIA) over their decision to keep the mass registration exercise ongoing despite the presidential directive against public gathering in the wake of coronavirus.

In a writ filed at the High court, the plaintiffs among other things said :”That in the circumstances, I pray this Honourable Court for an order of interlocutory injunction against the Respondent, its agents, privies and assigns from continuing with the registration and issuance of the Ghana card in the Eastern Region of Ghana pending the final determination of our Human Rights application”.

Many Ghanaians have berated the NIA over the insistence on the exercise despite the national attempt to control the spread of the deadly virus.

So far Ghana has recorded 11 cases a rise of 11 since Wednesday evening.

Below are details of the writ

AFFIDAVIT IN SUPPORT OF APPLICATION FOR INTERLOCUTORY INJUNCTION PURSUANT TO ORDER 25 OF C.I 47

 

I, DOVE MAXWELL, of Kwabena Kuma, Lane 25, Suhum, Accra in the Greater Accra Region do hereby make oath and say as follows:

1. That I am the deponent hereto.

 

2. That the contents of this affidavit are matters that have come to my personal knowledge, information and belief.

 

3. That I have the authority of the 2^nd Applicant to depose to this affidavit.

 

4. That at the hearing of this Application, my Counsel shall refer to all processes filed in this matter as if same were set out in extenso and sworn to on oath.

 

5. That the Applicants are citizens of Ghana and ordinary residents in Suhum in the Eastern Region of Ghana.

 

6. That the 1^st Respondent is the authority to create, maintain, provide and promote the use of national identity cards in order to advance economic, political and social activities in the Country pursuant to section 2 of the National Identification Authority Act, 2006, Act 707.

 

7. That the 2^nd Respondent is the principal legal advisor to the Government against whom all civil cases against the Government lies pursuant to Article 88 of the 1992 Constitution of Ghana.

 

8. That the Applicants caused an originating motion to be issued against the Respondents herein challenging the legality and constitutionality of the continuous registration and issuance of the Ghana card.

 

9. That the gravamen of the Applicants case is that sometime in 2019 the 1^st Respondent started the mass registration and issuance of the Ghana card to citizens of Ghana starting from the Greater Accra Region.

 

 

10. That the 1^st Respondent started the registration and issuance of the Ghana card in the Eastern Region on Wednesday, 4^th March, 2020.

 

11. That sometime in December, 2019, the world witnessed the viral spread of the novel Corona virus also known as the Convid-19 virus.

 

12. That according to the World Health Organization (WHO), as at 17^th March, 2020, over 183, 000 people globally had contracted the corona virus out of which over 7,100 had been killed. (Please refer to Exhibit A attached to the Originating motion).

 

13. That according to the World Health Organization (WHO), the precautionary measures to mitigate the viral spread of the corona virus include the following.

 

1. Wash your hands with soap and water frequently
2. Maintain social distancing

• Avoid touching eyes, nose and mouth

1. Practice respiratory hygiene.

 

14. That on Thursday, 14^th March, 2020, Ghana recorded and confirmed its first two cases of the corona virus.

 

15. That according to the Ghana Health Service (GHS), as at 18^th March, 2020 Ghana had recorded and confirmed 7 cases of the corona virus out of a total of 143 suspected cases. (Please refer to Exhibit B attached to the originating motion).

 

16. That according to the Ghana Health Service website on corona virus, www.ghanahealthservice.com/covid-19, the precautionary measures to mitigate the viral spread of the corona virus include the following.

 

1. Wash your hands with soap and water before touching anything including your eyes, nose and mouth.
2. Cover your mouth and nose when you cough or sneeze.

• Disinfect the objects and surfaces you touch

1. Avoid close contact (1 metre or 3 feet) with anyone with cold or flu-like symptons.

 

17. That the President of Ghana, H.E Nana Akufo-Addo on Sunday, 15^th March, 2020 in a national address to the nation gave directives that all public gatherings including church activities, conferences, schools and many more should be suspended for at least four weeks.

 

18. That the Government of Ghana has also presented the Imposition of Restriction Bill, 2020 which will seek to proscribe public gatherings of more than 25 people or more to mitigate the viral spread of the corona virus.

 

19. That as a result of the directives from the President the Ministry of Foreign Affairs and Regional Integration, Ghana issued a communique that the Ministry is suspending the issuance of passports except those considered as emergencies. (Please refer to Exhibit C attached to the Originating motion)

 

20. That in spite of all these drastic measures by the Government to curtail the wide spread of the corona virus, the 1^st Respondent issued a press release where the 1^st Respondent stated that it is still continuing with the registration and issuance of the Ghana Card in the Eastern Region. (Please refer to Exhibit D attached to the originating motion).

 

21. That as a result of the registration and issuance of the Ghana card by the 1^st Respondent, many people gather at the registration centre, Ayeste Methodist School with no safety precaution being taken into consideration. (Please refer to Exhibit E attached to the Originating motion).

 

22. That the Ghana Medical Association (GMA) has release a press statement calling on the 1^st Respondent to suspend the registration and issuance of the Ghana card as the registration can increase people’s chances of contracting the disease. (Please refer to Exhibit F attached to the originating motion).

 

23. That the Ghana Medical Association stated in their press statement that “It is, end the considered view of the GMA that this mass registration activities by the NIA if allowed to continue could create a fertile ground for potential spread of COVID-19, endangering the lives of the staff of the NI., the communities involved and the entire nation in the process. This will undoubtedly be fatal for the country.

 

24. That I am advised by Counsel and verily believe same to be true that the registration and issuance of the Ghana card in the Eastern Region which has a tendency in aggravating the spread of the corona virus violates the Applicants right to good health guaranteed by Article 12 of the International Covenant of Economic, Social and Cultural Rights which Ghana is a signatory.

 

25. That the continuing registration and issuance of the Ghana card in the Eastern Region has a strong tendency in aggravating the spread of the corona virus.

 

26. That the continuous act of the 1^st Respondent in registering and issuing the Ghana card in the Eastern Region exposes the people in the Eastern Region to a high risk of contracting the corona virus.

 

27. That the holding of the Ghana card is evidence of voter’s citizenship as a Ghanaian which is needed for the registration of a person as a voter and the issuance of the new Voters ID card which will be held by the Electoral Commission later this year as envisaged in its publication. (Please refer to Exhibit G attached to the originating motion).

 

28. That in as much as the Ghana card is so important to prove one’s Ghanaian citizenship, one cannot risk his life to get the Ghana card by being directly exposed to the corona virus.

 

29. That the registration of the Ghana card exercise must be done in a healthy manner as anything contrary is likely to disenfranchise the Applicants since the Applicants are likely to abstain from the registration exercise for health reasons.

 

30. That if the registration for the Ghana card exercise is continued, the Applicants as well as others who are scared of contracting the corona virus are likely to be disenfranchised since they would not be able to register for the new Voters ID card.

31. That the Applicants will suffer irreparable harm or damage should the 1^st Respondent continue with the registration and issuance of the Ghana card since the Applicants will at a high risk of contracting the corona virus.

 

32. That unless this Honourable Court intervenes to restrain the 1^st Respondent, the Applicants and the other people who are registering for the Ghana card are at a high risk of contracting the corona virus.

 

33. That if the interlocutory injunction application is refused, the judgment of the Court in the originating motion will be rendered a nugatory.

 

34. That I am advised and verily believe same to be true that the Respondent will not suffer any damage if my application is granted and the registration and issuance of the Ghana card is suspended in the Eastern Region of Ghana.

 

35. That I am advised and verily believe same to be true that on the balance of probabilities, the Applicants will suffer more damage should the instant interlocutory application be refused since the Applicants are likely to contract the deadly corona virus.

 

36. That I am advised and verily believe same to be true that under these circumstances, I can pray this Honourable Court for an order for interlocutory injunction against the 1^st

 

37. That in the circumstances, I pray this Honourable Court for an order of interlocutory injunction against the Respondent, its agents, privies and assigns from continuing with the registration and issuance of the Ghana card in the Eastern Region of Ghana pending the final determination of our Human Rights application.

 

 

WHEREFORE I swear to this affidavit in support.

 

 

SWORN at Accra this                                 ………………………………                     day of March, 2020                                       DEPONENT

 

BEFORE ME

 

COMMISSIONER FOR OATH

 

Source: Ghana/Starrfm.com.gh