Francis-Xavier Sosu
An Accra High Court yesterday dismissed Member of Parliament (MP) for Madina, Francis-Xavier Sosu’s motion for interlocutory injunction against the Inspector General of Police (IGP) and his officers.
The motion was seeking to restrain the IGP, Dr. George Akuffo Dampare, and his officers from arresting the MP following a demonstration he led in his constituency, which according to the police led to the destruction of public property.
The court, presided over by Justice Barbara Tetteh-Charway, in her ruling held that based on the nature of the substantive application, the motion for injunction was inappropriate.
She, therefore, dismissed it and directed the parties to file their written submissions on or before April 15, and adjourned the case to April 27 to set a date for judgment.
The police in November last year had made several attempts to arrest the MP after he failed to honour a court summon, as they pressed charges of obstruction of public way, causing damage to other road users and unlawful damage against him.
Mr. Sosu also failed to show up before a Kaneshie District Court on two occasions, and in each case, the Speaker of Parliament, Alban Bagbin, wrote to the court to inform the Magistrate that the MP was on official parliamentary duties outside the jurisdiction.
He later filed a suit against the IGP and averred that attempts by officers of the Ghana Police Service to arrest him infringes on his rights to personal liberty and right to freedom of movement, as well as violates and impedes his work as a sitting MP.
The MP said he is seeking the enforcement of his rights to freedom of movement, right to protest and demonstrate, right against arbitrary arrest and detention as well as his right against malicious prosecution.
“I verily believe that I have a right not to be subjected to arbitrary arrest and prosecution and in cases where the basis for police intended arrest and prosecution are false, spurious and malicious, I can exercise my right under Article 33 of the 1992 Constitution for protection of those rights by the High Court,” he averred.
He also said he is challenging what he describes as an arbitrary and unfair administrative and attempted criminal proceeding against him, which arose out of a legitimate protest and demonstration.
He eventually showed up for the trial after a warrant for his arrest was issued by the court presided over by His Worship Isaac Oheneba-Kufour.
BY Gibril Abdul Razak