The Head of Legal Affairs for the National Democratic Congress (NDC), Godwin Edudze Tamakloe, has raised objections to the Ghana Police Service’s practice of independently seeking court injunctions against protests without authorization from the Attorney General. Tamakloe made this objection while representing organizers of a planned protest by the minority group in parliament, which aims to demand the resignation of the Governor of the Bank of Ghana, Dr. Ernest Addison.
The Police had sought an injunction on the grounds of security concerns related to the proposed protest routes. However, Tamakloe filed a preliminary objection, arguing that the Police’s conduct violated section 9(1a) of the State Proceedings Act, which stipulates that all civil proceedings by the Republic must be initiated by the Attorney General or an officer authorized by the Attorney General.
Tamakloe contended that Superintendent Sylvester Asare, who signed the motion paper on behalf of the Police, was not the Attorney General or an officer authorized by the Attorney General and therefore lacked the authority to initiate the injunction application.
He urged the court to strike out the injunction application on these grounds. The Ghana Police Service, represented by Superintendent Sylvester Asare, opposed the motion, arguing that the Police, as a corporate body, can sue and be sued. Asare also cited Supreme Court case law, stating that independent bodies like the Police have the capacity to institute legal actions on their own.
Asare further relied on provisions of the Public Order Act to assert the Police’s authority to make such applications without requiring authorization from the Attorney General.
The court, presided over by Justice Edward Twum, adjourned the case to September 8 for a ruling on the preliminary objection.
