The government of Ghana has been dragged to court over President Nana Addo Dankwa Akufo-Addo’s recent public announcement on Covid-19 restrictions on international travels.
In a motion filed at the Human Rights Division of the Accra High Court, Sammy Gyemfi, the National Communications Officer of the NDC, Bernard Ackah Blah, Mawuko K. Kwame and Berys Ama Sarpong all citizens of Ghana soight for an enforcement of their fundamental Human Rights under Order 67 of CI 47.
The action is directed at the Attorney General (AG) 1st Respondent, the Ghana Health Service (GHS) 2nd Respondent and the Ghana Airport Conpany Limited (GACL) 3rd Respondent, all being state institutions.
Per the applicants’ affidavit in support of the motion, they contended that, “on Wednesday, December 15, 2021 the President of the Republic of Ghana, in an address to the nation announced travel restrictions similar to the directives issued by the 2nd and 3rd Respondents on compulsory COVID-19 vaccination constituting restrictions on the freedom of entry and exit of all unvaccinated persons who are 18 years and above. [Exhibited and marked exhibit C, is a copy of the said public announcement by the President of the Republic of Ghana.
According to the applicants, the said public announcement by the President of the Republic of Ghana was not predicated on or made pursuant to any law currently in force in the Republic of Ghana.
To this end, the spplicant believe that, “the public announcement by the President did not comply with the requirements of the 1992 Constitution or Section 2(1) of the Imposition of Restrictions Act, 2020 (ACT 1012).”
They contended that, the Respondents do not have any constitutional, legal or reasonable basis whatsoever for the directives issued and dated 9th and 14th December, 2021 and the public announcement of the 15th December 2021 by the President of the Republic of Ghana and being implemented at the Kotoka International Airport (KIA).”
Reliefs
The applicants are seeking eight reliefs including an “An order of Certiorari to bring before this Honorable Court the impugned directives of the Respondents to be quashed as having been made without any constitutional or legal and/or reasonable basis whatsoever.”
They are also seeking “an order of prohibition and/or injunction directed at the Respondents, their agents and/or assigns, restraining them jointly or severally from taking any steps contained in the impugned directives, relating to the implementation of compulsory COVID-19 vaccination at Kotoka International Airport (KIA) constituting restrictions on the freedom of entry into Ghana of citizens and the freedom of leaving Ghana of all persons.”
Below are the reliefs being sought by the applicants per the motion on notice
APPLICATION FOR THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS (ORDER 67 OF C.I. 47) PLEASE TAKE NOTICE that this Honorable Court shall be moved by Counsel for and on behalf of the Applicants herein praying this Honorable Court for an order of the Court granting the following reliefs:
(a). A declaration that the impugned directives of the Respondents breach or threaten to breach the Applicants’ fundamental human rights as enshrined under Article 21(1)(g) of the 1992 Constitution of Ghana.
(b). A declaration that the impugned directives of the Respondents violated Section 2(1) of the Imposition of Restrictions Act, 2020 (ACT 1012) and Sections 21, 22 and 30 of the Public Health Act, 2012 (ACT 851) and therefore illegal.
(c). A declaration that the impugned directives of the Respondents contravene the guidelines of the Food and Drugs Authority, Ghana on the administration of Emergency Use Authorized medical products and same are unreasonable.
(d). A declaration that the impugned directives of the Respondents contravene the guidelines of the World Health Organization regarding proof of COVID-19 vaccination for international travelers, and that same is unreasonable.
(e). A declaration that the impugned directives of the Respondents contravene medical ethics and best practices that govern COVID-19 vaccine administration.
(f). An order of Certiorari to bring before this Honorable Court the impugned directives of the Respondents to be quashed as having been made without any constitutional or legal and/or reasonable basis whatsoever.
(g). An order of prohibition and/or injunction directed at the Respondents, their agents and/or assigns, restraining them jointly or severally from taking any steps contained in the impugned directives, relating to the implementation of compulsory COVID-19 vaccination at Kotoka International Airport (KIA) constituting restrictions on the freedom of entry into Ghana of citizens and the freedom of leaving Ghana of all persons.
(h). Any further consequential orders that the Honorable Court deem fit.
The motion per the motion paper has been fixed for January 17, 2022.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
