• This was after the Supreme Court told the #FixTheCountry demonstrators to go and demonstrate
• #FixTheCountry is a social media protest about things not going on well in the country
Lawyer Martin Kpebu has cautioned the Ghana Police Service to modernise and to put an end to the ‘buga buga’ policing in which citizens are ambushed by the police to prevent them from exercising their constitutional right to protest.
The Ghana Police Service clashed with #FixTheCountry protestors when they planned to demonstrate over rising unemployment rate, inefficient health systems, the skyrocketing cost of rent, poor road networks, among others.
The group mostly made up of the youth, petitioned the police but the police quickly went to the High Court to secure a restraining order which prevented the agitated youth from embarking on their planned protest after they had met with Albert Kan-Dapaah, the National Security Minister, and other government officials to discuss their concerns, which they had raised during a social media uproar.
But on Tuesday, June 8, 2021, the Supreme Court of Ghana quashed the injunction against the #Fixthecountry demonstration.
This, Lawyer Martin Kpebu, who is the Human Rights and Governance Centre Executive Director stated that the ruling by the Apex Court sends a clear message to the Ghana Police Service that no one has the right to deny an individual’s right to protest.
He told Joy FM that, “the Supreme Court has done right by us, by finally stating that the police cannot take our rights for granted.
“When it comes to the demonstration, the Supreme Court’s ruling is more than sufficient, it’s more than even the intended demonstration, at least it has put the Police at the wrong side of history that in these matters they shouldn’t rush to court.”
Lawyer Kpebu finds it mind-boggling that the Police Service chose the ‘ambush litigation’ means to prevent ordinary citizens from exercising their right.
He said, “this kind of ambush litigation was thrown away 10 years back, yet the Police could not modernise, they still like that ‘buga buga’ [to wit hostile] practice”.
The Supreme Court in its ruling set aside the injunction from the High Court and ordered the protesters to go ahead with their demonstration.
Lawyer Martin Kpebu advised the protestors to forgo the demonstration exercise indicating that the verdict of the Supreme Court speaks volumes, hence “there is no point in the demonstration anymore”.
Meanwhile, the Ghana Police Service in a statement issued on Tuesday, June 8, advised the public not to honour any invitation to participate in a demonstration organised by conveners of the #FixTheCountry protest that does not comply with provisions of the Public Order Act.
According to the police, the decision of the Supreme Court does not conclude their litigation with the conveners of the protest at the High Court, as the substantive case will be heard on June 14, 2021.
“The substantive case between the police and the conveners on the right to demonstrate is still pending at the High Court (Criminal Division 1) Accra, and slated for hearing on Monday, June 14, 2021,” the police said in the statement.
Lawyer Martin Kpebu