NEW PATRIOTIC PARTY
V.
INSPECTOR-GENERAL OF POLICE

(1993) JELR 67912 (SC)

Supreme Court 30 Nov 1993 Ghana
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- The Chief Justice argues that police permits for public meetings and processions are outdated and inconsistent with the freedom of assembly guaranteed by the Ghanaian Constitution and the African Charter on Human and Peoples' Rights. - Th

Case Details

Judges:ARCHER CJ, FRANCOIS JSC, AMUA-SEKYI JSC, AIKINS JSC, EDWARD WIREDU JSC, BAMFORD-ADDO JSC,CHARLES HAYFRON-BENJAMIN JSC.
Counsel:PETER ALA ADJETEY (WITH HIM SAM OKUDZETO NANA AKUFO-ADDO AFRAM ASIEDU AND MISS GLORIA AKUFFO) FOR THE PLAINTIFF; MARTIN A B K AMIDU DEPUTY ATTORNEY-GENERAL (WITH HIM MRS POBEE-ORLEANS AND MRS ADUSA-AMANKWAH CHIEF STATE ATTORNEYS) FOR THE DEFENDANT.

JUDGMENT

ARCHER CJ.

I have had a preview of the reasons written by my brother Charles Hayfron-Benjamin JSC and I agree with them but I wish to add a few words to demonstrate that police permits are colonial relics and have no place in Ghana in the last decade of the twentieth century.

My brother has mentioned the Criminal Code, 1892 but I want to mention one particular Ordinance also enacted in the same year. It is the Native Customs (Colony) Ordinance, Cap 197 passed on 15 July 1892. This Ordinance restricted the celebration of native customs without the permission in writing of the district commissioner in certain towns in the colony, namely Accra, Ada, Axim, Cape Coast, Dixcove, Elmina, Keta, Prampram, Saltpond, Sekondi, Shama, Winneba, Anomabu, Apam, Christiansborg, Kormantin, Labadi, Moree and Manford. Krobo customs like dipo were also prohibited. Penalties were imposed for violations of these restrictions and prohibitions. A district commissioner was also empowered to make an orde…

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