The National Democratic Congress (NDC) Member of Parliament for Madina, Mr Francis-Xavier Sosu, has filed a suit at the Human Rights Division of the High Court seeking to stay all criminal investigations and proceedings against him by the police over a recent demonstration in his constituency.
In the suit against the Inspector General of Police, Mr Sosu is also seeking an order enforcing his fundamental human rights including his rights to freedom of movement, to protest and demonstrate, personal liberty, freedom of expression, and against unlawful arrest and malicious prosecution.
In his affidavit in support of the motion, Mr Sosu averred that he had not offended the law to warrant his arrest and that prior to the said demonstration, he had notified the police of the intended protest and had agreed with the police that the demonstration was held on October 25.
According to him, in the morning before he got to the communities, the youth who had mobilised themselves were blocking roads and burning tyres and together with the police, they spoke to the youth who de-escalated even before the demonstration and protest from Otinbi-Ayi-Mensah started.
He said the demonstration was a peaceful one where there was no destruction of public or private property and no casualties recorded.
He, however, said after addressing the demonstrators, the police informed him that they needed to send him to the Regional Commander to answer some questions but he declined explaining that he was on his way to Parliament to attend to other parliamentary duties to attend the leaders meeting in preparation of resumption on October 26, 2021.
Mr Sosu said without telling him the reason for his invitation, the police forcefully attempted to apprehend him but was rescued by the teeming youth who led him to his vehicle.
Aggrieved by the conduct of the police, he said he made a report against two senior police officers for contempt of Parliament for which the Speaker directed the matter to the Privileges Committee.
He said since then, the police had made several attempts to arrest him including an attempt to arrest him at the Redeemer Prayer Ministries at Madina on October 31, 2021.
He averred that the attempts by the police to arrest him without any justifiable cause breached his fundamental human rights as a Ghanaian and believed that the exercise of discretionary powers by the police was also in flagrant breach of Article 296 of the Constitution.
Mr Sosu said he and his family had suffered emotional and psychological trauma following the arbitrary and unlawful conducts of the police.
According to him, if the court did not intervene, his right would still be violated by the IGP.
On these grounds, Mr Sosu is seeking six reliefs including orders that the attempt by the officers of the IGP to arrest him on October 25, 2021 without telling him the reasons for the arrest and attempt by the officers to arrest him at church were unlawful.
Also, he is seeking a declaration by the court that the conduct of the IGP was in breach of the standards of fairness and reasonableness under Article 23, proper use of discretion under Article 296.