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THE REPUBLIC
V.
CIRCUIT COURT ACCRA (RESPONDENT) EX PARTE: GIFTY OWARE-ABOAGYE (APPLICANT) AND THE INSPECTOR GENERAL OF POLICE POLICE HEADQUARTORS AND THE ATTORNEY GENERAL (INTERESTED PARTIES)

(2015) JELR 65389 (HC)    
High Court  ·  SUIT NO: HRCM 4/2016 ·  30 Nov 2015 ·  Ghana
CORAM
DENNIS ADJEI J. A

Ratio Decidendi

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rights of other people
rule of law
substantive action

ADJEI J. A.

The applicant is before this Court to invoke its supervisory jurisdiction over the Circuit Court with respect to the application granted by a Circuit Court Accra in suit no. 21/140/16 entitled "Motion Ex parte: for application for order to stop LET MY VOTE COUNT ALLIANCE', Alliance for Accountable Governance (AFAG). The movement for change, coalition for Free, Fair and Transparent Elections from Demonstrating on the 29/09/2015, Public Order Act 1994 Section 106).

The applicant is seeking from this court a declaration that the restraining order of the Circuit Court Accra dated 28th September, 2015, was made without jurisdiction and it also breached the audi alterem partem rule and should be quashed by an order of certiorari.

The facts of the applicant's case is that on 1st September, 2015 a movement in which she is a member and known as "Let my Vote Count Alliance" wrote to the Police in accordance with Section 1 of the Public Order Act, 1994 (Act 491) to notify them of the da…

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