IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE ACCRA — A.D. 2021 » IN THE MATTER OF THE PUBLIC ORDER ACT 1994, (ACT 491) AND IN THE MATTER OF APPLICATION FOR RESTRAINING (PROHIBITION) ORDER(S) AGAINST “FIXTHECOUNTRY PROTEST MARCH" AND IN THE MATTER BETWEEN THE REPUBLIC AND THE ORGANISERS/CONVENERS OF “FIXTHECOUNTRY PROTEST MARCH” MOTION ON NOTICE FOR RESTRAINING ORDER(S) AGAINST THE ORGANISERS/CONVENERS OF AN INTENDED DEMONSTRATION DUBBED “FIXEDTHECOUNTRY PROTEST MARCH” PURSUANT TO SECTION 1(6) OF THE PUBLIC ORDER ACT, 1994 {ACT 491} MOTION ON NOTICE to be moved by Counsel for the Applicant, ACP BENJAMIN OSEI ADDAE for and on behalf of the Republic praying this Honourable Court for a prohibition order(s) directed at the organisers/conveners of an intended demonstration dubbed “Fixthecountry Protest March”, their associates, officers, agents, assigns, and workmen, restraining the conduct of the intended demonstration in the interest of public safety, public security and public health until the restrictions on public gatherings are lifted by the appropriate authority and for any further order(s) as this Honourable Court may seem meet.lon ourt To be moveo on NAAN. DAY OF. AT 09:00 IN THE FORENOON OR SO haa AS COUNSEL ok APPLICANT MAY BE HEARD DATED AT ACCRA, THIS 12" DAY OF MAY 2021 Ces LAWYER FOR THE APPLICANT THOMAS SARFO, ESQ . BP NO. 3000049322| Filed on Ze IN THE SUPERIOR COURT OF JUDICATURE | / ce agi IN THE HIGH COURT OF JUSTICE...... sia | ACCRA ~A.D. 2021 1 SUIT NO. IN THE MATTER OF THE PUBLIC ORDER ACT 1994, (ACT 491) AND IN THE MATTER OF APPLICATION FOR RESTRAINING (PROHIBITION) ORDER(S) AGAINST THE ORGANISERS/CONVENERS OF FIXTHECOUNTRY PROTEST MARCH AND IN THE MATTER BETWEEN THE REPUBLIC AND THE ORGANISERS AND. CONVENERS OF FIXTHECOUNTRY PROTEST MARCH AFFIDAVIT IN SUPPORT OF MOTION |, ASSISTANT COMMISSIONER OF POLICE, Benjamin Osei Addae of Regional Police Headquarters, Accra make oath and say as follows: 1. That, | am the regional legal and prosecutions officer at Accra Regional Police Command and the deponent hereto 2. That, | have the authority of the Inspector-General of Police to depose to this affidavit on behalf of the Republic. 3. That on 4" May 2021, a notification letter announcing an intention to embark on “Fixthecountry Protest March” demonstration on Sunday 9" May 2021 from the Blackstar Independence Square through some principal streets in Accra and end finally at the Maxmart at 37, was served on the Ghana Police Service. A copy of the said letter is marked as Exhibit “A” and attached to this affidavit. That from Exhibit A, the organisers of the demonstration disclosed that same was"being organized on the back of a string of consistently broken promises by successive governments” and to “express our frustration over perennial governmental incompetence, refusal, and/or inability to fix the country” Assy5. That pursuant to section 1(4) of Act 491, the Accra Regional Police Command on 4" May 2021 had a meeting with two (2) of the organisers/conveners, that is Mr. Samuel Alesu-Dordzi and Mr. Adatsi Brownson, and informed them that the Presidential restrictions on public gatherings, as a result of the 2"4 wave of COVID-19 are still in force and urged them to suspend the intended demonstration until further notice, but they refused. 6. That, the President of the Republic of Ghana, His Excellency Nana Addo Danquah Akuffo Addo on 31 January 2021 announced further restrictions on public gatherings due to the sudden upsurge in COVID-19 cases. In the said broadcast to the nation, public gatherings like demonstrations and others were completely banned. 7. That by the Imposition of Restrictions (Coronavirus Disease (COVID-19) Pandemic) (No.18) Instrument, 2021 (E.’l. 135), issued pursuant to powers conferred on the President under the Imposition of Restrictions Act, 2020 (Act 1012) duly gazetted on 30" April 2021, restrictions imposed under the Imposition of Restrictions (Coronavirus Disease (COVID-19) Pandemic) (No.18) Instrument, 2021 (E. |. 37) were extended for one (1) month, 8. That in consequence of the declared intention of the “Fixthecountry Protest March” organisers to defy the request by the Ghana Police Service for the demonstration to be suspended, the Police obtained an order ex parte restraining the organisers/conveners from embarking on the intended demonstration. A copy of the said order is attached as Exhibit “B”. 9. That intelligence picked up by the Police and the subsequent public comments by the organisers/conveners point to the fact the organisers intend to proceed with the demonstration after ten (10) days when in their view, the order would lapse. 10.That | am advised that the holding of large gatherings as the event anticipated by the “Fixthecountry” organisers/conveners, is a “super spreader” of COVID- 19. 11.That the so-called COVID-19 Protocols outlined in Exhibit A, proposed by the conveners to curb the spread of COVID-19 in the planned demonstration are not feasible in a demonstration, and also, do not provide an antidote to the potential spread of the dreaded disease. 12.That as has been regularly telling the nation in various public education programmes by the Government since the outbreak of the Pandemic, and asis now trite knowledge, in large gatherings of people, even a single infection can spur a large outbreak among attendees. 13.That, if the Respondents are not restrained and allowed to carry out the demonstration, there is a likelihood of an unwarranted and avoidable spread of the Coronavirus pandemic bedeviling the country. 14.That | further say that the purpose of the demonstration, i.e. to protest a string of broken promises by successive governments, is not compelling one, pressing or urgent as to warrant this Honourable Court to sanction a non- observance of the prohibition on large gatherings imposed under Act 1012 and E. |. 135. 15.That the intended demonstration has a real tendency to disturb public safety, public health and to pose a security threat. 16.That the Ghana Police Service owes a duty to ensure avoidance of the risks stated in the preceding paragraphs. 17.That, | pray this Honourable Court to prohibit the organisers/conveners of Fixthecountry Protest March, their associates, officers, agents, assigns, and workmen from embarking on any demonstration in the interest of public safety, public security, and public health until the restrictions on public gatherings are lifted by the appropriate authority. SWORN AT ACCRA, THIS 12™ DAY OF MAY, 2021 DEPONENT THE REGISTRAR HIGH COURT ACCRA hy Bepone me sTRAR commissioner FBREREN cue ca imrAlMay gt FIX’ 'Y Protest March #FixTheCoun| sunday #Kun THE ed For Your Attention gate OO Ghana Police Service rand tee Accra ever Notice of Intention to exercise constitution ®t ¥ights 21(1)(d) and (£) of the 1992 icra 5 Compliance with Statutory Requirement to Give Notice ‘We write with reference to Section 1 of the Public Order Act (Act 491), which provides that any person who desires to hold any special event within the meaning of that Act in any public place shall notify the police of his intention not less than 5 days before the date of the special event. In this connection, kindly note that: (a) Date: This special event will be held on May 9th, 2021. (b) Significance of the Date: The date “May 9*” has been spontaneously and specifically chosen for two reasons. First, it captures the restless spirit of over 126 Ghanaians who lost their lives in the May 9‘ Accra Sports Stadium Disaster due to institutionalized incompetence and disregard for Ghanaian lives. Secondly, the Protest commemorates the 26" Anniversary of the Kume Preko Demonstration of 11 May 1995. Thus, the event draws inspiration from the undying culture of protest and dissent that has forged our democracy, and which Kume Preko has become a synonym for in our collective memory. (c) Purpose: The Event, which is a single purpose event, is being organized on the back of a string of consistent broken promises by successive governments; and in exercise of our democratic rights as citizens to express our frustration over perennial Governmental incompetence, refusal and/or inability to fix the country. (d) Motivations of Organizers: The Organizers believe, as does the President, that democracy is not a spectator sport. We are committed to improving the substance of governance in this country by ensuring that the ordinary voices of Ghanaians provide a mechanism to hold elected officials accountable. There comes a point where enough is enough. Just fix the Country!!! That's our only message. We have had it with purposeful deceit and the absence of truth and genvine accountability in how this country is being governed. (e) Format: The special event will entail a socially distanced assembly of people embarking on a silent march. () Proposed route and destination: The March will proceed peacefully and at a socially distanced pace from the Blackstar Independence Square Station. From the Independence Square, the group will continue along the » 28th February Road, then join the Atta Mills High Street; then down Graphic Road towards circle, using Dr. Busia Highway, then return on Dr Busia Highway to meet Ring Road West Road, then continue on that street through Ring Road central, then Odoi Kwao Loop, then join Hilla Limann Highway, then Turn on Sunyani Avenue continuing straight till turn on Kanda Link,then Turn on President Drive, then continue till we hit Liberation Road, then continue down Liberation Road till 37 Maxmart where Group Disperses. [A Print of the route on Map is attached.] (g) No intention to breach the Peace: The Organizers do not intend to deliver a petition the Presidency. What's the point of that? We have no intention of gaining entry into any security installation, destroying private property or breaching the peace in any other way. The March is about due process and government accountability. As such we intend to conduct the March in a manner consistent with the laws of the country, with particular regard to our rights and duties under the Constitution and such other relevant. This notice being itself an indication of such intent. There is no intention to engage in the same patterns of lawless conduct that elected officials and their appointees are prone to. Also, we assure you that unlike the 2020 Elections which led to the unexplained deaths of Ghanaian citizens for which, till this day, no official has been held accountable for; our March is not grounded in gratuitous violence. (h) Starting Time: The Organizers anticipate that the people will assembly from 8:30am. The march along the outlined route will start at 9:30am. (i) Time of closure of the event: The crowd will disperse at 2pm. () Signature: As required by law, this notification is evidently in writing and has been undersigned or on behalf of the organizers of the special event. Route of Planned Protest March Google Maps Black Star Square, Accra, Ghana to Maxmart Walk 14.5km,3 hr3 min 3 7 Compliance with COVID-19 Health Directives 1. The Organizers note, with regret, that for nearly 18 months since the outbreak of the covid-19 health emergency, the Government has not developed any protocols for how public assembly for the purpose of exercising the right to freedom of assembly including the freedom to take part in processions and demonstrations.2. Despite this several public gatherings have been organized by the State, including political rallies, voting exercises and other such events during this period. As the government has shown, it is possible for Public gatherings, especially in outdoor spaces to be carried out without significant risk of a spread of infections. We note in particular that throughout November 2020 to January 2021, the Minister for Information Kojo Oppong Nkrumah continuously challenged any claims that political gatherings led to any increases in COVID-19 cases, or rate of infection. We are assured that if political gatherings drawing thousands of people; and a voting exercise entailing over 13 million Ghanaians did not lead to a rise in new infections, it is possible to hold a public event, in compliance with public health protocols, without an increased risk to public health. In this regard, the organizers will take all measures to ensure that the March is undertaken in compliance with all relevant and well-known public health directives. We are certain that constitutional rights are not entirely displaced by public health situations, irrespective of measures taken to anticipate and address risks associated with such situations. In this connection, the organizers: 1 4 5. Have sought advice from relevant public health specialists regarding how to ensure that a public assembly is compliant with relevant public health protocols. Have referred to international best practices regarding how public gatherings, including processions and demonstrations can be made COVID-19 Compliant. Will ensure that all public messaging regarding the event emphasize all relevant public health protocols. Will ensure that all persons taking part in the event adhere to the relevant public health protocols. Have set below a tentative guide for making the event COVID-19 compliant Proposed COVID-19 Protocols for the May 9‘ FIXTHECOUNTRY Protest Social distancing: All persons attending the Event should ensure that social distancing is practiced traveling to and from, and during the FIXTHECOUNTRY Protest. This means that: + Each person will stay at least 2 metres (3 steps) away from anyone they do not live with. + Each person must wash their hands with soap and water before you leave the house + Each person must use hand sanitiser gel regularly during the March + Each person must wash their hands as soon as they get home - do this for at least 20 seconds + Each person must cover their mouth and nose with a tissue or your + sleeve (not your hands) when you cough or sneeze + Each person must carry a utilities bag in which they will put used and wash their hands afterwards or use hand sanitisers immediately after + Each person must refrain from touching their eyes, nose or mouth if their hands are not clean.Face coverings + The organizers shall ensure that each person wears and keeps their face-covering on at all times. A face-covering means something that covers your nose and mouth, such as mask. + The Organizers will distribute masks to anyone who comes without a mask. + People will be advised to refrain from share their face covering with others. + Observe all current travel restrictions relating to public transport use when travelling to the gathering Grounds at the Independence Square. + However, avoid using public transport where possible. Travel to and from protests by foot or cycle. Health protection advice for participation in protests ‘Things to consider before choosing to attend the May 9** FIXTHECOUNTRY Event: + donot attend the event if you have symptoms of COVID-19 (a new cough, fever or change in your sense of taste or smell) — stay home and get tested to protect others + consider who is in your household. Do you live with people who have health conditions and are extremely vulnerable to catching COVID-19 and becoming ill? Think about how they can continue to be protected + avoid the event if you do not feel that you will be able to keep 2m apart from others, to reduce your risk of acquiring infection + consider alternative ways to show your support, such as donating funds, supporting initiatives or virtually protesting via social media channels, + handwashing stations won't be available everywhere. Take hand sanitiser with you and use it often + toilet facilities won't be available to use. + water filling stations won't be available to use. Bring water with you and stay hydrated, Do not share your bottle with anyone else. Event Messaging + Protect yourself and others + Consider who else is in your household and their vulnerability to infection so that you protect them + Don't go out to protest if you have any symptoms + Wash your hands before you leave the house and use hand sanitiser regularly when you're out + Keep 2m apart from others on your journey to and from, and during the protest + Wear a face covering + Walk or cycle there and back if you can+ Do not attend a protest if you have symptoms of COVID-19 (a new cough, fever or change in your sense of taste or smell) - stay home and get tested to protect others. + After going to a protest if you develop cough, fever or change in your sense of taste or smell, stay home and get tested. Convenors Oliver Mawuse Barker-Vormawor arkerv .com, Tel: +233549214976 Felicity Nelson Tel: +233547294895 Samuel Alesu-Dordzi Tel: +233208330588 Della Russel Ocloo 0244 144720 Joshua Boye-Doe @eyaigyii Efia Odo 0240127652 andreaowusv11@icl Bashiratu Kamal-Muslim +233244794703 Agyapong Forster agyapongforster@gmail.com Adatsi Brownson adatsik.brownson@gmail.com Benjamin Darko 4233244220075 Benjamindarko775@protonmail.com Gabriel Ohene Kwasi Addai spooky1839@gmail.com Comedian Warris Comedianwaris@gmail.com Prince Kwaku Addo Princeaddo39@gmail.com 0542827617 Stan Dugah 0505615705,“Naa Salifu 0244 361 384 Fiifi Asiedu Mends 0241634330 fiifimends17@gmail.com StatusCoup ‘The Economic Fighters League fighters.nucleus@gmail.com ‘SpeakUpGhana SpeakUpGhana@protonmail.com Media Liason Oliver Mawuse Barker-Vormawor barkervogues@gmail.com Tel: +233549214976 [Telegram calls only] Bashiratu Kamal-Muslim_ Bashiratukamal@gmail.com +233244794703 Della Russel Ocloo 0244 144720 Efia Odo andreaowusu11@icloud.com 0240127652 Joshua Boye-Doe @gyaigyii Benjamin Darko 4233244220075 Benjamindarko775@protonmail.com XS