Court strikes out Democracy Hub, 23 others’ action against Police over unlawful arrest

The High Court in Accra (Human Rights Division) has struck out an action from Democracy Hub and 23 other applicants against the Ghana Police Service for want of prosecution.

The Plaintiffs sued the Ghana Police Service (GPS) over an alleged unlawful arrest, torture, and detention of protestors during the #OccupyJulorbiHouse demonstration in September, 2023.

The Attorney General was attached to the suit.

In Court on Tuesday, April 9, 2024, when the case was called, both the plaintiffs and their lawyers, as well as the defendants were absent.

Justice Barbara Tetteh-Charway consequently struck out the plaintiffs’ case for want of Prosecution.

Per a statement signed by Benjamin Akuffo Darko, one of the plaintiffs, the organization said arrested demonstrators were assaulted at the Regional Police Headquarters in Accra

“21st September, more than fifty police officers encircled and aggressively apprehended demonstrators who had congregated to exercise their constitutionally guaranteed right to protest.

“These citizens were then forcibly transported to the Regional Police Headquarters in Accra, where they faced further assaults and were detained without just cause,” the statement of the plaintiffs read.

But for the benevolence of some volunteer lawyers, the group said the detainees would have been detained for more than 10 hours at the police station.

Considering the actions and activities of the police, the group said it had filed a case at the Human Rights Court on March 21.

“In response, Democracy Hub and the protestors have filed a case at the Human Rights Court in Accra on 21st March 2024. The applicants contend that the treatment they were subjected to not only violates their fundamental rights of assembly and expression but also undermines the principles of justice and accountability in governance,” the release added.

Additionally, the release stated that “this legal action represents a crucial step forward in the fight against impunity and in the defense of democratic freedoms in Ghana. Democracy Hub remains committed to advocating for the rule of law and ensuring that all citizens can safely exercise their rights without fear of repression.”

Reliefs

That by publishing the notice (Exhibit DH4) on September 20, 2023, seeking to proscribe the Occupy Julorbi House Protest, the police violated the applicants’ rights to administrative justice and freedom of assembly.

That by arresting, detaining, stripping, and subjecting the applicants to beatings and other harsh and severe physical and verbal abuse on September 21, 2023, the respondents have violated the rights of the applicants to personal liberty, fair trial, and freedom from cruel, inhuman, or degrading treatment and punishment.

That by demanding and ensuring that the Applicants are stripped half naked before being put behind the cells, the Respondents have violated the rights of the applicants to human dignity and freedom from cruel, inhuman, and degrading treatment.

That by preventing the applicants on September 21, 2023, from embarking no the OccupyJulorbiHouse Protest, the respondents have violated their rights to administrative justice, freedom of assembly, freedom of association, and freedom of movement.

Make an order for special damages of sixty-five thousand and four hundred and thirty cedis (GH₵65,430.00), being the value of the equipment, materials, and other resources of the 1st applicant that were destroyed or wasted as a result of the police activities regarding the Occupy Julorbi House Protest on September 21, 2023.

Five thousand Ghana cedis only (GH₵1,500.00) being monies unlawfully collected from the applicants while detained.

3. Make an order for general damages, jointly or severally, against the Respondents.

4. Make an order of cost (including the cost of legal services), and 5. Any other remedies that this honorable Court may deem fit.

List of Applicants

1. Democracy Hub – 1st Applicant
2. Benjamin Akuffo Darko – 2nd Applicant
3. Bentil Constant Amemate 3rd Applicant
4. Kwabena Samuel Gyamfi-Bonsu, 4th Applicant
5. Atsu Leo Amemate, 5th Applicant
6. Selikem Timothy Donkor, 6th Applicant
7. Mawuli Albert Tetteh, 7th Applicant
8. Frederick Adongo, 8th Applicant
9. Kojo Mawunyo Amata, 9th Applicant
10. Kekeli Yao Gilbert Dzeketey, 10th Applicant
11. Kojo Mawunyo Amaya, 11th Applicant
12. Wohorm Kwasitsu, 12th Applicant
13. Oliver Barker-Vormawor, 13th Applicant
14. Raphael Afull Williams, 14th Applicant
15. Mabel Benewaa Tawiah, 15th Applicant
16. Cyril Wdem Asem, 16th Applicant
17. Rexford Etsey Ativor, 17th Applicant
18. Mark Aryee, 18 Applicant
19. Owusu Alberta Boadu, 19th Applicant
20. David Debrah Eberechukwu, 20th Applicant
21. Richard Ajao, 21st Applicant
22. Fidel Agagle, 22nd Applicant
23. Boakye Kelvin, 23rd Applicant
24. Amelia Amedela Amemate, 24 Applicant