Fast Track Court over-rules Amidu's application
Supreme Court dismisses NDC's writ
Accra (Greater Accra) 12 July 2001
The Fast Track Court (FTC) sitting in Accra on Wednesday dismissed an application filed by Mr Martin Amidu, former Deputy Attorney-General challenging the infringement on his fundamental human rights by the Chief Justice.
Dismissing the application, Mr Justice Julius Ansah, presiding, said it was "devoid of merit, vexatious, malicious and frivolous" and constituted an abuse of the court process.
Mr Amidu instituted the action against Mr Justice Edward Kwame Wiredu who, he said, instructed him to bring on notice an application he filed against President John Agyekum Kufuor at the Supreme Court in January this year.
The former deputy AG, who was the NDC presidential running mate in last December's general election, contended that by refusing to list his urgent ex-parte motion for hearing, the Chief Justice was trampling on his human rights.
Mr Justice Ansah said in asking Mr Amidu to bring his application on notice, Mr Justice Wiredu was being fair and candid to him and there was no way Mr Amidu suffered any injury in the enjoyment of his rights.
Mr Justice Ansah said Mr Amidu's complaint against President Kufuor had already been determined by the Supreme Court on its merit and his action "is a clear abuse of the court process."
"I see no merit whatsoever in the application. It is frivolous and an abuse of the court process and I, accordingly, dismiss it."
Mr Justice Ansah noted that since fundamental human rights are not a one-way affair, Mr Amidu had rights of access to the courts, and could, therefore, have sought other remedies.
He warned that fundamental human rights, necessary as they are for the enjoyment of the citizenry, ought to be protected at all costs.
Mr Justice Ansah said while enjoying these freedoms and rights, the citizenry must ensure they do not go beyond bounds.
"When these rights are abused, the entire government machinery is brought to a halt, thus creating anarchy, disharmony and chaos in the society, a dish nobody would want to be served with."
GRi../
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Accra (Greater Accra) 12 July 2001
The Supreme Court on Wednesday dismissed an application brought before it by the National Democratic Congress (NDC) praying the court to restrain the Attorney-General and the government from violating Article 68 of the Constitution.
Article 68 states that "the pension payable to the President and facilities available to him shall not be varied to his disadvantage during his life-time."
In a unanimous decision, the seven-member panel presided over by Mr Justice Edward Kwame Wiredu, the Chief Justice, stated that the writ was without merit, and accordingly dismissed it.
The other panel members were Mrs Justice Joyce Bamford-Addo, Ms Justice Sophia Akuffo, Mr Justice E D K Adjabeng, Mr Justice George Acquah, Mr Justice George Lamptey, and Mr Justice Kwami Adzoe.
In a supporting affidavit to the writ filed in April, the NDC argued that former President Jerry John Rawlings "is entitled to all the facilities available to him as President."
The party argued that, "such facilities, which include military security detail shall not be varied to his disadvantage during his life-time."
The NDC contended that under no circumstances should the facilities be varied without the consent and knowledge of the former President.
The party said until January 7 this year Flt Lt. Rawlings was the President and Commander-in-Chief of the Ghana Armed Forces, and was entitled to and enjoyed certain facilities which include the protection and security of a military detail chosen with his consent and approval.
This, the party contended was to secure and enhance his personal security, adding, " he enjoyed this security of his chosen military staff throughout the eight years he was in office as President, and Commander-in-Chief of the Ghana Army without any interference or complaint from any quarters."
The party said in spite of the plain language of the constitutional provisions in Article 68, "certain personalities, agents, and spokesmen of the present government have been making statements and pronouncements which seem to indicate that a group unknown to the ex- President and chosen by others and trained by others are to be substituted for the security personnel he currently has and had in the past."
The party contended that the move if not checked would put his security in jeopardy and his life at stake.
It therefore prayed the court to restrain the government from "reneging on all agreements reached during the transitional negotiations which are in breach of the Constitution."
Mrs Gloria Akuffo, Deputy Attorney-General, represented the governmentwhile Mr Kwaku Baah was counsel for the NDC.
GRi../
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