Supreme Court dismisses case seeking to remove children off the street
The Supreme Court has dismissed a case brought against the state by Child Rights International.
The child-centred non-governmental organisation seeks among other things, the government of Ghana to take steps to clear children from the streets and offer them education as guaranteed by the 1992 Constitution.
The seven-member panel, presided over by Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, noted in her ruling that the case was dismissed mainly because the lawyers for the plaintiff did not invoke the original jurisdiction of the Supreme Court; hence, their appearance was deficient even though they have a genuine case.
The Director of Child Rights International, Bright Appiah, speaking to the media expressed disappointment but noted that they will study the final ruling and strategise to fight the case once more.
He holds the view that, though it’s expensive to seek the right thing to be done, he is not deterred by the ruling.
“The lawyers will study the case and if there is a need to come back, we will do so. You heard from the Bench that it is a genuine case, just that we couldn’t come properly before them and so we will study the case and come back. When the lawyers are done studying it, we will see the way forward.” Mr. Appiah noted.
It will be recalled that the Supreme Court on February 8, 2023, gave Child Rights International (CRI), 14 days to file legal arguments in the case, in which the organisation is seeking the court to declare as unconstitutional the plight of street children in Ghana.
A seven-member panel of judges presided over by Justice Paul Baffoe-Bonnie, also gave the Attorney-General, 14 days to file a response after the plaintiff had filed its legal arguments.
The case was adjourned until further notice.
The CRI was represented by Wisdom Ankah, while the Attorney General was represented by Grace Oppong, a Principal State Attorney. The organisation had already filed seven legal issues for determination before the SC.
Led by its Executive Director, Bright Appiah, CRI claimed the government was violating the constitutional right of street children to education, health, human dignity, and denying them social and economic rights.