Private Legal practioner Justice Srem-Sai put on a show when the Supreme court heard a petition challenging an order granted by Justice Ruby Aryeetey which prevented the FixTheCountry group from proceeding with their “protest march on the said day or any other date until the restriction on public gathering is lifted”.
Readers of MyNewsGh.com will recall the Ghana Police Service on Thursday, May 6 secured a restraining order from an Accra High Court, presided over by Justice Ruby Aryeetey, to stop the planned protest “indefinitely”.
The restraining order follows an affidavit filed by the police against the conveners of the protest march pursuant to Section 1 (6) of the Public Order Act, 1994 (Act 491).
However, a 5-member Supreme Court panel after listening to the brilliant arguments from Attorney General and Minister for Justice Godfred Dame and counsel for FixTheCountry Justice Srem-Sai ruled that there is no order banning the group from staging their protest.
The court therefore quashed the indefinite order that stops the applicants from demonstrating.
In any case, the court said since the 10 days elapsed, there is can be no argument of any subsisting order preventing #fixtheCountry protesters to apply for demonstration.
The court said, the order of the High Court presided over by Justice Ruby Aryeetey was for 10 days and it has since elapsed.
Rising to oppose the application, AG Godfred Yeboah Dame told the Supreme Court the motion filed by FixTheCountry was “completely misconceived”.
Godfred Dame told the court that there is nothing to actually quash because the original court order is no longer in force after 10 days. He said he cant find “any order in force against the applicants right to demonstrate”.
The two top lawyers engaged in respectful hot exchanges as the apez court comprised of Justices Mariama Owusu, Lovelace Johnson, Prof Henrietta Mensah Bonus, and Clemence Honyenuga took note.
Justice Srem-Sai on the other hand told the court to rather avert its mind and attention to the court order which made reference to restricting his client from demonstrating”indefinitely”.
The Supreme Court therefore held that Justice Ruby erred, ruling in favour of Justice Srem-Sai and FkxTheCountry against the AG.
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