An ex parte application by the police to injunct a planned anti-galamsey protest scheduled for April 28 to 30, by the Generational Rights Protection Society (GRPS), was withdrawn on the order of Deputy Attorney General, Justice Srem-Sai, on April 25.
The police argued that the organisers failed to respond to official communications and had not secured permission to use the Liberation Square — a restricted area under the control of the Ghana Armed Forces.
It also cited national security concerns, pointing to intelligence reports warning of possible infiltration by “undesirable elements,” due to the lack of participant data.
The Generational Rights Protection Society (GRPS), led by media personalities Okatakyie Afrifa Mensah and Kwame Appiah Kubi, is mobilising the demonstration to press for stronger actions against illegal mining operations in Ghana.
In a Facebook post by the Deputy Attorney General and Minister of Justice, Justice Srem-Sai, on April 25, he announced that the government has withdrawn a legal application seeking to halt a planned protest against illegal mining.
The withdrawal follows an earlier action filed by the Greater Accra Regional Police Command at the Accra High Court, seeking an injunction to stop the demonstration being organised by the GRPS.
Justice Srem-Sai indicated that the Attorney General’s Department had directed the withdrawal of the injunction after consultations with national security and intelligence agencies.
“After two meetings with the security and intelligence agencies yesterday, the Attorney General directed to that the application for injunction to restrain the anti-galamsey demonstrators be withdrawn.
“The injunction application was duly withdrawn this morning. The demonstration will be allowed to go on EXACTLY as the demonstrators have proposed. The right to demonstrate is protected by the Constitution. President John Mahama understands the true meaning of this right.
“This Attorney General, Dr Dominic Ayine, will not violate or allow anyone to violate the citizen’s right to demonstrate. Da yie,” the Facebook post stated.
The withdrawal paves way for the planned protest scheduled for April 28 to 29, 2025, to commence at the Obra Spot (Kwame Nkrumah Interchange) as expected – continue along the Ring Road, and end at Liberation Square, opposite Jubilee House.
But what is an ex parte application?
“Ex parte” means “on the part of one” or “from one party.”
In a legal setting, it means that a court action is taken without the other party being notified or having an opportunity to present their case.
In other words, an ex parte injunction is a court order issued without prior notice to the opposing party.
It is typically used in urgent situations where there’s a risk of irreparable harm if the opposing party is given a chance to respond first.
The court can grant this type of injunction to prevent potential infringements, or situations where delay could cause irreparable damage.
The High Court (Civil Procedure) Rules, 2004 (CI 47) outlines the procedures for obtaining and challenging these orders.
When to apply for ex parte application
Urgency:
An ex parte application for an injunction is typically granted in situations where there is urgency and the failure to act immediately could cause irreparable damage or mischief.
Time Limit:
An order made for an ex parte usually has a limited lifespan, typically 10 days, and must be followed by an application on notice if the applicant wishes to continue the injunction.
Challenging an Ex Parte Order:
The party affected by an ex parte order can apply to have it set aside or varied. The court will consider whether the applicant’s reasons for obtaining the ex parte order were valid and whether there are any prevailing circumstances that warrant its continuation or not.
Standard for Ex Parte Orders:
When applying for, or challenging, an ex parte order, the applicant must demonstrate the existence of urgency and potential irreparable harm or mischief if the order is not granted, or if the application to set it aside is not granted.
Judicial Discretion:
The court has discretion in granting or refusing an ex parte application, and this discretion must be exercised judiciously.
Essentially, the Ghana legal system recognises the need for ex parte injunctions in urgent situations, while ensuring that the rights of all parties are protected.
The procedures for obtaining and challenging these orders are clearly defined in the High Court (Civil Procedure) Rules, 2004 (CI 47) and have been interpreted by the Supreme Court, as seen in cases like Republic v High Court Accra, Ex Parte Salloum & Others.
Recent precedent where ex parte motion was challenged:
Let My Vote Count:
The Let My Vote Count protest in 2015 turned violent, leading to brutalities and arrests. The police used tear gas to disperse protestors, while arresting tens of them.
The police had earlier secured a court injunction to restrain the demonstrators from picketing at the head office of the EC, but the protestors attempted to defy it, prompting the police to respond with tear gas and water cannons.
The demonstrators had wanted to present a petition to the EC, detailing why the current register should be scrapped.
What excerpts of judgment said
The applicant is before this Court to invoke its supervisory jurisdiction over the Circuit Court with respect to the application granted by a Circuit Court Accra in suit no. 21/140/16 entitled ‘Motion Ex parte: for application for order to stop LET MY VOTE COURT ALLIANCE’, Alliance for Accountable Governance (AFAG); the Movement for Change, a coalition for free, fair and transparent elections from Demonstrating on the 29/09/2015, Public Order Act 1994 Section 106).
The applicant is seeking from this court a declaration that the restraining order of the Circuit Court Accra dated 28th September, 2015, was made without jurisdiction and it also breached the audi alteram partem rule and should be quashed by an order of certiorari.
“…The order made by the Circuit Court which was made in excess of its jurisdiction has lapsed and it would not serve any purpose to discuss whether certiorari should be decreed to grant it or not. The law is that certiorari is a discretionary remedy and would be granted where it is just and convenient.
“I hereby declare that Circuit Court lacks jurisdiction to entertain an action under the Public Order Act. I further order that any application to initiate an action under the Public Order Act should be on notice to the parties who may be affected by the outcome of the case.
I cannot grant the order for certiorari because the order I am being called upon to quash has become moot.” a portion of the ruling stated.
VPO/AE
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