AG seeks continuance in NIA mass registration

The Attorney General (A-G) has urged the Accra High Court to dismiss interim injunction application seeking to halt the mass registration exercise by the National Identification Authority (NIA).

In a statement of case signed by a Deputy A-G, Mr Godfred Yeboah Dame, the government’s legal advisor argued that the interim injunction had no basis in law.

The injunction application was filed by Kevor Mark-Oliver and Emmanuel Akumatey Okrahm, two residents of the Eastern Region, who argued that the registration exercise by the NIA was a breach of the President’s directive and a violation of their fundamental human rights.

However, the Deputy A-G is of the view that the NIA had not violated President Nana Addo Dankwa Akufo-Addo’s ban on public gathering as had been contended by the applicants.

“As much as the President directed that all public gatherings should be suspended, in the same speech of Sunday, March 15, 2020, the President expressly preserved the continued operation of businesses and other workplaces subject to the observance of prescribed social distancing between patrons and staff

It is our contention that the functions of the NIA are part of the class of services, businesses and workplaces excluded by the ban imposed by the President’s directive. The applicants have no cause of action in respect of which an order of interlocutory injunction ought to be dismissed,” the Deputy A-G argued.

Injunction

Last Monday (March 23, 2020) an Accra High Court placed an injunction on the mass registration exercise in another legal challenge.

The court, presided over by Justice Daniel Mensah, placed a 10-day interim injunction on the exercise following an application filed by one Prince Tabi and 29 others, who are all residents in the Eastern Region.

The 29 applicants had prayed the court to grant their interlocutory application pending the determination of their suit challenging the registration exercise which they described as an affront to their right to good health in view of the COVID-19 pandemic.

Delivering the ruling last Monday, Justice Daniel Mensah said he took into consideration President Akufo-Addo’s directive banning all public gathering as a result of the COVID-19 pandemic.

“It is hereby ordered that the respondent (NIA) whether by themselves, their workmen and women, assigns, agents, privies or howsoever designated or described are restrained from continuing to carry out its mass registration exercise in the Eastern Region pending the final determination of the originating motion on notice,” Justice Mensah ruled.

Suspension

Before the court’s ruling on March 23, 2020, the NIA had already suspended the registration exercise on Friday March 20, 2020 pending the determination of the injunction application.

Writer’s email: emma.hawkson@graphic.com.gh