The Coalition For Public Health And Justice has dragged fourteen (14) State Agencies before an Accra High Court over the implementation of the compulsory COVID-19 vaccination.
They are: the Attorney-General; the Ghana Health Service; The Speaker, Parliament; Electricity Company Of Ghana; The Passport Office; Ghana Immigration Service; Takoradi Technical University, and the University Of Health And Allied Sciences (UHAS).
The others are: Ministry Of Health; Accra Metropolitan Assembly; University Of Cape Coast; National Sport Authority (NSA); Ghana Broadcasting Corporation; University Of Ghana Medical School, Korle Bu and the Ghana Infectious Disease Center.
According to the group, the implementation of the directive by the respondents breach Article 23 of the 1992 Constitution as well as Section 2(1) of the Imposition of Restrictions Act, 2020 (ACT 1012) and Sections 22 and 30 of the Public Health Act, 2012 (ACT 851) and therefore illegal.
The group argues that the Respondents actions also contravene the guidelines of the Food and Drugs Authority, on the administration of Emergency use Authorized medical products and same are unreasonable.
The affidavit in support of the action stated among others that to the extent that, the directives of the Respondents stipulate that no person will be allowed entry or access into the premises of the Respondents unless one mandatorily shows proof of full COVID-19 vaccination, the said directives are mandatory by their very nature and constitute restrictions on the right to freedom of movement within Ghana Of all persons.
It said Article 12 (1) of the 1992 Constitution enjoins the Executive, Legislature, Judiciary and all other organs of government and its agencies to respect and uphold the fundamental human rights and freedoms enshrined in Chapter 5 of the 1992 Constitution.
“The Respondents are administrative bodies and/or administrative officials and are enjoined by Article 23 of the 1992 Constitution to act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of their acts and decisions shall have the right to seek redress before a Court of law.”
Lawyers of the Coalition further noted that the action also breaches Article 21 (1) (g) of the 1992 Constitution which guarantees the right to freedom of movement which includes the right to move freely in Ghana for all persons in the country.
It further argued that “even though the right to freedom of movement is not absolute and can be subject to restrictions, any such restrictions must comply with the express provisions of Article 21 (4) of the 1992 Constitution and Section 2(1) of the Imposition of Restrictions Act, 2020 (Act 1012)”
The Coalition wants the court to declare that the impugned directives of the Respondents contravene the guidelines of the World Health Organization regarding proof of COVID-19 vaccination for international travelers, and that same is unreasonable.
The group also seeks a declaration that the impugned directives of the Respondents contravene medical ethics and best practices that govern COVID-19 vaccine administration as well as an order of Certiorari to bring before the Court the impugned directives of the Respondents to be quashed as having been made without any constitutional or legal and/or reasonable basis whatsoever.
Source: Kofi Yirenkyi
