Accra, May 31, GNA – The Supreme Court has in a unanimous decision declared as unconstitutional the law used by the Government to impose restrictions during the Covid-19 pandemic.
The Apex Court said constitutional provisions allowed restrictions to be put in place in the interest of defence, public safety, public health, or the running of essential services, on the movement or residents within Ghana of any person or persons generally, or any class of persons.
Parliament in 2020 passed the Imposition of Restrictions Act to allow restrictions provided for in Article 21 of Ghana’s 1992 constitution to be imposed.
The law allowed the Government to issue various instruments while health authorities managed the Covid-19 pandemic.
This is the law that allowed the President to restrict public gatherings, shut down schools, and impose measures to guide religious gatherings among others.
Professor Kwadwo Appiagyei-Atua, a Law Professor and Human Rights advocate, together with eight others took the Government to the Supreme Court, contending the said law was unconstitutional.
They contended that it unlawfully empowered the President to unilaterally suspend fundamental human rights and freedoms in the whole or a part of Ghana.
This includes the special role of the Chief Justice and the Superior Court of Judicature in managing or regulating the suspension of fundamental human rights and freedoms in the whole or a part of Ghana; and excluding the role of Parliament in managing or regulating the suspension of fundamental human rights and freedoms in the whole or a part of Ghana.
A seven-member panel presided over by Justice Jones Dotse ruled that the Imposition of Restrictions Act is inconsistent with the Constitution.
He, therefore, struck down the law as unconstitutional, null, and void, indicating that the court’s full reasons will be made available on June 7.
The case was heard by Justices Jones Dotse, Nene Amegatcher, Nii Ashie Kotey, Lovelace Johnson, Amadu Tanko, Professor Henrietta Mensah Bonsu and Emmanuel Kulendi.
GNA