An Accra High Court has ruled that the National Identification Authority (NIA) can go ahead with the Ghana card registration despite President Akufo-Addo’s ban on public gathering to prevent the spread of COVID-19.
In his judgment, Justice Anthony Oppong said the applicants in the case have not shown any justifiable reason why the NIA should be restrained from its Ghana card registration exercise in the Eastern region.
“The application for interlocutory injunction ought to fail and same is dismissed” Justice Oppong ruled.
The Court made reference to President Akufo-Addo’s address to the nation on 15 March 2020 and said the President’s executive orders did not restrain public institutions from working. Instead, the President asked them to take precautionary measures and also take heed to social distancing protocols as they go about their work.
The court subsequently awarded a cost of GHS6000 against the two applicants, Kevow Mark-Oliver and Emmanuel Akumatey Okrah, in favour of the first respondent (NIA).
A different division of the High Court presided over by Justice Daniel Mensah on March 23 granted a similar request filed by businessman Prince Tabi and 29 others.
This injunction is to be in force for the next 10 days since March 23. The NIA has since Saturday morning called of its exercise citing the application filed by Kevor and others.
The AG’s office which is joined as a defendant in this action filed two applications in court.
The first asking the court to hear the injunction motion filed by the two citizens earlier than usual. The other asking the court to dismiss the application for an injunction.
Lawyer for the two citizens Nii Kpapko Samoa Addo on Thursday urged the court to dismiss the request to have the case heard earlier than usual.
He maintained the rules of court required that they be served with such an application three days before the court date.
He also argued that the High Court differently constituted had already granted an injunction in respect of the same facts.
Deputy Attorney General Godfred Yeboah Dame disagreed maintaining the state’s request is legal. He also urged the court to disregard the reference to a granted injunction since that was not a matter before the court.
Justice Anthony Oppong in Favour if the Deputy AG allowing the case to be heard on Friday, March 27, instead of April 9.
When the case was called on Friday March 27, 2020 at 9:30 am lawyer for the two citizens and the Deputy AG were not in court.
Lawyer for the NIA Kwaku Asirifi was however present with a Senior State Attorney Yvonne Bannerman representing the Deputy AG whom she said was on his way.
Plaintiffs want to withdraw case
Lawyers for the plaintiffs Nii Kpapko Samoa Addo had on Thursday told Evans Mensah on Newsnight on Joy FM that he will withdraw the case on Friday.
Justice Oppong after observing the absence of the lawyers indicated that he has seen a copy of a request seeking to withdraw the case.
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He whoever said he will proceed to rule on the injunction application. Justice Oppong said the case of the two citizens hinged on the President’s directives on social distancing.
He said the court had extensively studied that address and concluded that it did not bar the NIA from continuing its work.
He also held that their rights to register have not been breached since the Ghana card was not the only means of been registered as a voter.
