Samson’s Take: Democracy in danger – stop the police now! Pt. II
Dear Ghana Police,
Writing and issuing a second statement late in the night to insist you have served a purported application for an injunction does nothing.
You state in this second publication that you served the process on lawyers of organisers of the demonstration.
You purport to exhibit to this publication what must be the notice served on you a month ago by the law-abiding citizens on which they indicated the address of their lawyers.
What you should be exhibiting is PROOF OF SERVICE (AFFIDAVIT OF SERVICE) by an authorized process-server of the court (bailiff) and not a letter. This is the lawful thing or evidence of service of a court process.
Again, granted there has been service, which the organisers deny when an applicant serves such an application, it is not for the applicant to tell the respondent what to do or not do. You are not lawyers for the respondent (organisers).
It is up to the organisers to decide what to do. If they decide, like the EC has and is going on with the limited voter registration exercise despite admitting it has been served a similar application, your job is done.
What the law allows you, if you are aggrieved that Democracy Hub proceeds with the demonstration, is to go back to the court with a contempt application for the court to determine if they have broken the law.
Any attempt to resort to the force of arms, water cannons tear gas or horsewhip against demonstrators will be lawless conduct.
Don’t repeat your shameful and lawless conduct during the Let My Vote Count demonstration because there is no order of any court to enforce, and your publications are not lawful orders to be obeyed.
Your conduct is in utmost bad faith in the face of the articles and sections referenced earlier, egregious abuse of discretion, ambush violent violation of the birthright of law-abiding citizens to demonstrate and express themselves.
As noted in the sequel to this article, your unlawful fear-tactic of advice by your publications means only a few bold citizens and lovers of the democracy and rule of law will show up. Show up and offer them protection or leave them alone!