The Accra High Court has dismissed an interlocutory injunction filed by Madina MP Francis-Xavier Sosu against the Inspector General of Police (IGP) and his officers following his attempted arrest.
The human rights lawyer wanted the court to prevent the police administration from attempting to arrest, investigate and maliciously prosecute him.
But the court presided by Justice Barbara Tetteh-Charway ruled the motion for an injunction was “inappropriate.”
After giving its verdict on Monday, March 28, the court directed the parties to file the written submissions on or before April 15.
Lawyer Sosu who is the applicant in the case, was present and represented himself.
An interlocutory injunction is a court order to compel or prevent a party from doing certain acts pending the final determination of the case.
It is an order made at an interim stage during the trial and is usually issued to maintain the status quo until judgment can be made.
Why the Human Rights lawyer is in court
Earlier on October 25, 2021, the MP led some of his constituents to demonstrate against poor roads in the constituency.
During the demonstration, some of the protestors allegedly blocked roads, burnt tyres and destroyed some public property.
The police subsequently invited the MP for questioning but all attempts to get the MP before the investigation team was unsuccessful.
However, the Madina MP described the two attempts by the police to arrest him as a violation of his human rights as a Ghanaian.
Sosu cited that Article 33 of the 1992 Constitution protects his rights against arrests and prosecutions that are false, spurious, and malicious.
The first-time parliamentarian was of the view that the exercise of the administrative functions of the police to arrest, investigate and prosecute him fell short of the high standards of fairness and reasonableness, and compliance as provided under Article 23 of the Constitution, 1992.
According to him, since the beginning of the said arbitrary and unlawful conduct by the police, he has suffered priceless losses which have affected his life; emotional and caused psychological trauma.
He added that his wife, children, and family members have also been seriously traumatized; and his work as an MP has been greatly affected.
Later, the police again sought permission from the Speaker of Parliament Alban Bagbin to invite the lawmaker to assist in investigations.
However, Mr Bagbin declined to release him.
The police were able to secure a court order to have the MP respond to the alleged accusations.
But on two occasions, the MP failed to appear before the Kaneshie District Court, where he was accused of unlawfully blocking a road and destroying public property during the protest.
The Speaker of Parliament explained that the MP was out of the country on parliamentary business at the last court hearing.
The case has been adjourned to April 27, 2022.
Meanwhile, the substantive case, where he is said to have held a demonstration and further destroyed public property, is still before the Kaneshie District Court.