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Supreme Court takes out law that allowed gov’t to impose restrictions

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On Wednesday, May 31, the Supreme Court of Ghana invalidated the Imposition of Restrictions Act, which granted the government the authority to impose restrictions during the Covid pandemic.

A panel of seven judges, led by Justice Jones Dotse, reached a unanimous decision, ruling that the Imposition of Restrictions Act is contradictory to the 1992 Constitution.

Law Professor and Human Rights advocate Kwadwo Appiagyei-Atua, along with eight others, filed a lawsuit against the government, arguing that the law was unconstitutional.

According to their perspective, the law unlawfully empowered the President to unilaterally suspend fundamental human rights and freedoms throughout Ghana or in specific areas, without taking into account the Chief Justice and the Superior Court of Judicature’s crucial role in managing or regulating such suspensions. It also excluded the role of Parliament in managing or regulating the suspension of fundamental human rights and freedoms.

Also Read: Supreme Court denies review application challenging the cultivation of ‘wee’

This development occurred as President Nana Addo Dankwa Akufo-Addo declared that the Covid emergency in Ghana had concluded. In an address to the nation on Sunday, May 28, he reiterated his previous assurance that “This too shall pass” and emphasized that “The emergency is over, this too has passed.”

Subsequently, the Ghana Health Service (GHS) announced that pre-departure testing and testing at all entry points were no longer mandatory for all passengers. The GHS also suspended the COVID-19 Health Declaration Form for international travelers.

These changes were implemented following the World Health Organization’s announcement on May 5, 2023, stating that COVID-19 was no longer considered a Public Health Emergency of International Concern (PHEIC).

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