Francis-Xavier Sosu
An Accra High Court has granted National Democratic Congress (NDC) MP for Madina, Francis-Xavier Sosu, leave to amend his application for interlocutory injunction to prohibit the Inspector General of Police or his officers from arresting him.
The MP was forced to ask for leave to amend the application after Clarence Kuwornu, a Chief State Attorney who represented the IGP raised a preliminary objection to the manner in which the application was crafted.
The Chief State Attorney in his preliminary objection had argued that the MP’s suit was seeking an enforcement of his fundamental human rights but the motion for injunction is seeking to restrain the IGP and his officers, from trespassing on his land.
He argued that the instant motion for interlocutory injunction is incompetent since it relates to the issues of lands.
Sosu Agrees
Mr. Sosu, who represented himself, agreed with the defence and said the objection is appropriate to the extent that the wording of the motion paper is incomplete and does not wholly reflect the remedies prayed in the substantive action before the court.
He said the motion paper should have read, “Motion on notice praying for an order of interlocutory injunction to restrain the respondent, his assigns” from unlawfully arresting, investigating, and maliciously prosecuting of applicant pending the determination of the suit.
He, therefore, sought leave of the court to amend the motion paper to reflect what is in the substantive matter.
This, he said, would afford the respondent, the opportunity to appropriately respond.
Ruling
The court, presided over by Justice Barbara Tetteh- Charway, granted Mr. Sosu leave to amend the motion, holding that it is clear on the face of the documents that the facts of the statement of case and affidavit in support of the case do not support the motion for interlocutory injunction.
She said anybody who reads it will know that there was a mistake, and subsequently granted orders to Mr. Sosu to file the amended motion by December 23.
Meanwhile, the court has directed the IGP to file his answer to the substantive suit on January 14, 2022.
The case has been adjourned to February 1, 2022 for the substantive matter to be moved.
Suit
Mr. Sosu filed a suit at an Accra High Court for the enforcement of his fundamental human rights against the IGP following several attempts to arrest him.
The MP in his suit averred that attempts by officers of the Ghana Police Service to arrest him following a demonstration he led in his constituency infringes on his right to personal liberty and right to freedom of movement as well as violated and impedes his work as a sitting MP.
Mr. Sosu, on October 25, led members of his constituency to demonstrate against bad roads in some parts of the area.
But the police have since attempted to arrest the MP after some of the angry protestors blocked the Ayi-Mensah-Danfa road burning tyres and obstructing traffic during the protest.
The MP had been avoiding arrest for sometime and the police as a result had to secure criminal summons from the court to enable them arrest the lawmaker.
He has been charged with obstruction of public way, causing damage to other road users and unlawful damage.
BY Gibril Abdul Razak