The GJA has intervened in the matter
The Ghana Journalists Association is asking the Chief Justice to ensure that the rights of media houses in the country are not abused arbitrarily under any circumstances.
The call has become necessary following an interim injunction order granted ex parte by a Kade District Court directing the Esewani Community Radio, Esawani Information Center and Sir Plan Information center situated in Kade to cease operations until the Environmental Protection Authority assesses their noise permissible levels and grants them permission so to do.
The order issued by the court remains in force for ten days unless repeated on notice.
The plaintiffs in this order for an ex parte injunction are the Krontihene of Asuom, one Nana Boadi Amponim Obodade, the Kyedomhene of Asuom, Nana Deibour II and Abusuapanin Abosi Agyei.
The plaintiffs’ case is that the operations of the Esewani community radio and the two information centers aforementioned have become a nuisance to the community due to the noise they produce, arguing that, excessive noise can lead to neurosis and nervous breakdown.
The Ghana Journalists Association through its Eastern Regional chairman, Mr. Maxwell Kudekor said though, as a law-abiding institution, the GJA respects the decision of the lower court, it vehemently disagrees with the order granted.
Mr. Kudekor through a press statement noted that the GJA has been in touch with the managers of Esewani Community Radio Station and has advised that their lawyers immediately file for a stay of execution or a varying order or an order of certiorari in a higher court.
The GJA strongly asserted that it will not sit aloof and watch any state institution use its coercive power to shut down any medium of mass communication, furthering that “the Kade District Court on the face of its order of ex parte injunction erred in law because even though the plaintiffs could not demonstrate to the court that the level of noise pollution generated by the three mediums of mass communication is higher and above the permissible levels of noise by regulation, it went ahead and granted the injunction ex parte.”
The statement quizzed: “The order of an interim injunction directed a ten days closure of the media and at the same time directing the Environmental Protection Authority to assess its permissible noise level. The question is, how will the EPA assess the noise level of a media that is not in operation?”
The regional chairman asserted that in the adversarial justice systems like exists in Ghana, and considering the parties in the matter, the court should have put the defendants on notice in the worst case scenario, arguing that the GJA does not see the urgency in this case that leads to the granting of the interim injunction.
He expressed concern over the infringement of the citizens right to information, bemoaning that the effect on the economic right of staff of the station will be affected by this injunction.
The statement said the court didn’t carefully consider the basic grounds of granting an injunction of such nature and that, the decision of the Court offends the letter and spirit of the supreme laws of Ghana which is the 1992 constitution which guarantees media freedom for the media.
The GJA therefore called on the Chief Justice to take a particular interest in the matter and ensure that the judiciary and other state institutions do not arbitrarily use their coercive powers to undermine the constitution of Ghana.
