The Communications Officer of the National Democratic Congress Sammy Gyamfi has filed an interlocutory application at the Human Right division of the Accra High Court challenging the order by the Kaneshie District Court for his mobile phone to be searched.
The application filed through his lawyers was premised in an ex parte application granted by the District Court ordering facebook head office to grant the Ghana Police access to his Facebook account and records.
But the outspoken NDC man who is meeting with the Criminal Investigation Department (CID) of the Ghana Police Service, following in invitation for interrogation on an alleged cybercrime was moved to Tuesday, December 24.
Reliefs
In an application by his lawyers, the applicant is asking the Human Rights Court for “An order restraining the Inspector General of police from proceedings to examine the phone records of the applicant pending the determination of the application
“An order restraining the first respondent 2nd respondent the Criminal investigation department of the Ghana police service and/ or their agents, officers or assigns from proceedings with the efforts to access information on my facebook account with the user name Sammy Gyamfi with user id urlwww.facebook.com/sammy.samuel.94064.
“An order restraining facebook from releasing of sharing information on my facebook account with ….with the 1st respondent, 2nd respondent, criminal investigation department of the Ghana Police Service and or their agents, officers or assigns
He is also asking for “A declaration that the ex parte application for the phone records of the applicants which same was granted instead it being on notice is null and void and of no legal effect.
A declaration that the ex parte application for the phone book information of the applicant which same was granted instead of it being on notice is null, and void and of no legal effect.
A declaration that the 2nd respondent failed to establish any legal basis to have access to the applicant’s phone records when it failed to show the document that has been forged and any evidence of the said forgery by the applicant at the time of the moving of the application at the District Court.
A declaration that the 2nd respondent failed to establish any legal basis to have access to the applicant’s facebook information when it failed to show the documents that have been forged and any evidence of the said forgery by the applicant at the time of moving of the application at the district court.
A declaration that the 2nd respondent failed to establish any legal basis to have access to the applicants facebook information when it failed to show any probable cause that the applicant has or is about to commit the alleged crime of forgery and spreading of false information to cause fear and panic to justify the revocation of the applicant’s right to privacy and the protection of same
A declaration that the 2nd respondent failed to establish any legal basis to have access to applicant phone records when it failed to show any probable cause that the applicant has or is about to commit the alleged crime to justify the revocation of the applicant’s right to privacy and the protection of same
An order of certiorari to bring before this court the entire proceedings before the district court in respect of the two ex parte motions and orders therein entitled in the matter of republic vs Sammy Gyamfi; suit no. 3/72/19 to be quashed as having been made without jurisdiction.
And order of prohibition and or injunction directed at and restraining the respondents jointly or severally from taking any steps aimed at enforcing or in furtherance of the said orders of the district court s.
That unless this court intervenes the 2nd respondent will unlawfully proceed to examine the phone records and Facebook information of the applicant in fragrant breach of his constitutional right to privacy under Article 189(2 ) of the 1992 institution
Source: Ghana/Starrfm.com.gh/103.5FM/Muntala Inusah
