Minority Leader, Ato Forson and other leading members of the National Democratic Congress (NDC) have been accused of evading service on them, an application seeking to restrain them from going ahead with their planned demonstration against the Governor of the Bank of Ghana (BoG), Dr. Ernest Addison.
The police administration has filed an application for interlocutory injunction to restrain the organisers of the OccupyBoG demonstration, which was rescheduled for October 3, 2023.
But the case has been adjourned for three consecutive times because the organisers of the demonstration are yet to be served with court processes.
George Tetteh Sackey, a Principal State Attorney, yesterday told the court presided over by Justice Edward Twum that the respondents are evading service of the processes.
“My Lord, the respondents (Dr. Ato Forson and others) have been evading service of the processes so far and we have not been able to serve them,” he told the court.
Asked by Justice Twum why they have not come back to the court to seek leave for substituted service, Mr. Sackey said, they want to “try one more time”.
The court subsequently adjourned the case to September 29, 2023.
The protest, scheduled to begin from Parliament House through some principal streets in Accra and end up at the Bank of Ghana, is being organised by the Minority who accused the BoG of mismanaging the country’s economy and demanded the resignation of Dr. Addison.
Justice Twum on September 8, in a ruling on a preliminary objection to the propriety of the police filing the application themselves, gave them leave to amend the writ.
The court indicated that even though the application, on the face of the motion paper is irregular, the police has the mandate to initiate such action against protesters.
He said the police has not breached any legitimate legal provision in the application for injunction for the court to strike it out.
It was his view that even though the application filed by the police is irregular, such technicalities should not be applied which has the implications of resulting in multiple applications that will delay the case.
“This court thinks it is proper to grant leave to the Applicant to amend the title of this application to enable this court proceed to determine the real issues in controversy between the parties.
“In the circumstances, the preliminary legal objection raised by counsel for the Respondents is hereby overruled.
“The Applicant (Police) is hereby granted leave to amend the title of the application (to reflect the real intentions of the Applicant as can be gleaned from the affidavit in support) and have same served on the Respondents within seven days from the date hereof for the motion to be heard,” Justice Twum added.
BY Gibril Abdul Razak