High Court sets March 28 to rule on Sosu-IGP case

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Madina MP, Francis-Xavier Sosu

The Human Rights Division of the Accra High Court has announced a date to rule on an interlocutory injunction by the Member of Parliament for the Madina constituency, Francis-Xavier Sosu.

According to the Court, it will give its ruling on March 28, in a case where the legislator is alleging that he was unlawfully arrested by the Inspector-General of Police, George Akuffo-Dampare.

This was disclosed on Monday, by Her Ladyship, Mrs. Barbara Tetteh Charway, who presided over the case in court.

Speaking on the matter, Evelyn Vuvor, who represented the IGP’s lawyers, stated that the main lawyer on the case is currently on an assignment. She therefore asked the court to adjourn proceedings until the return of the IGP’s lawyer.

Background

The human rights lawyer, Francis-Xavier Sosu, who led his constituents in the #FixOurRoads demo has been fighting several attempts by the Police to take him in on charges of obstruction of highway and destruction of public property.

On November 16, 2021, the MP filed a human rights action against the Inspector General of Police, Dr George Akuffo Dampare, over the attempts to arrest him.

According to the Police, on October 25 last year, angry protestors blocked the Ayi-Mensah – Danfa road burning tyres and obstructing traffic in the process.

However, attempts to arrest the legislator have proven difficult, with the Speaker of Parliament, Alban Sumana Bagbin stepping in to defend the legislator.

According to the Speaker, the legislator has been on parliamentary duties and thus enjoyed parliamentary immunity even on the protest ground. He therefore refused to assist the police get hold of the Madina MP.

As a result, the Madina MP who returned from a trip outside the country, on parliamentary duties, filed a human rights action pursuant to Article 33 of the 1992 Constitution and Order 67 of the High Court (Civil Procedures) Rules, C. I 4 for the enforcement of his fundamental human rights. This was on November 16, 2021.

The MP is asking for an order for the enforcement of his right to freedom of movement, right to protest and demonstrate, right to personal liberty, right to freedom of expression, and right against unlawful arrest and malicious prosecution (Articles 14(1), 21(1) and 33 of the 1992 Constitution) of the Applicant and for an Order for Stay of all Criminal Investigations and proceedings by the Ghana Police Service and the Inspector General of Police.

The Human Rights action is also accompanied by an injunction application to restrain any further attempt at unlawful arrest of the MP until the full determination of the human rights action.

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