The lawyers for #FixTheCountry convener, Oliver Barker-Vormawor, are attempting to challenge the District Court for handling their client’s case.
The lawyers have taken both the Inspector-General of Police (IGP) and the Attorney-General (AG) to the Supreme Court, to challenge their decision to put their client before a district court.
Lawyer Justice Srem Sai, questioned the District Court’s authority to handle matters regarding their client’s personal liberty during Mr. Barker-Vormawor’s second appearance in court on Monday, February 28.
Mr. Barker-Vormawor’s lawyers are seeking to know if the Police have discharged their constitutional duty by putting their client before a court with no jurisdiction to consider a bail application.
They believe that the ruling of the Tema High Court ‘B’ on February 17, 2022, is a grave error of law which error is patent on the face of the record.
As part of their demands, lawyers for Mr. Barker-Vormawor are beseeching the Court to grant the following reliefs:
a. “Make an order of certiorari to issue to the High Court ‘B’, Tema, to bring up to this honourable Court to have quashed its ruling dated February 17, 2022, which was given under the hand of His Lordship, the judge, Justice Daniel Mensah, J., refusing to issue a writ of habeas corpus subjiciendum in respect of the Detained directed at the Respondents, their agents, assigns and workmen howsoever described or styled.
b. “Give a true and proper interpretation of whether by sending a person they have restricted, arrested or detained to a court which has no jurisdiction to consider an application for bail in respect of the person who is restricted, arrested or detained, the Police have discharged their duty under Article 14(3) of the 1992 Constitution.
c. “Issue a writ of habeas corpus subjiciendum in respect of the Detained directed at the Respondents, their agents, assigns and workmen howsoever described or styled.”
The Supreme Court is expected to hear the said application on Wednesday, March 2.
