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| Court throws out CJA’s application |
3/2/2007 |
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The Fast Track High Court has dismissed a motion filed by the Committee for Joint Action asking it to set aside its ruling restraining the pressure group from going ahead with its planned procession on March 6.
The court presided over by Justice Baffoe Bonney however upheld its earlier decision on Thursday granting the police restraining orders to stop processions by the CJA and any other group between March 5 and 15.
The court also held that the CJA should not have applied by an exparte motion but on notice to enable the police respond
The police went to court by an ex-parte motion to secure the order.
The CJA per an ex-parte motion on Friday asked the court to set aside its earlier ruling on the grounds that the police failed to follow proper procedure in coming before the court and that the earlier ruling was erroneous.
Lawyer for the CJA Mahama Ayariga told the court that it could set aside its ruling while the police were served the notice to come to court.
He later told Joy News they would appeal the ruling before a different judge on Monday.
Ayariga had earlier in court said it was erroneous for the judge to restrain processions between March 5 and 15 if the Police was going to be too occupied only on March 6.
The police which went to court under Act 419, pleaded that if the organisers were allowed to go on the procession, “the mischief in terms of embarrassment to the State and Foreign dignitaries would be unbearable.”
The CJA was represented in court by Kwesi Partt, Emelia Arthur, David Pessi, Ama Benyiwa Doe and Ato Ahwoi. Several synpathisers of the CJA also thronged the premises of the court.
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