Covenant on Civil and Political Rights; and the African Charter on Human and
Peoples’ Rights respectively.
EQUALITY BEFORE THE LAW AND FREEDOM FROM DISCRIMINATION
12. Applicants argue that they have not been treated equally before the law
contrary to Articles 2 and 7 of the Universal Declaration of Human Rights, Articles
2 and 26 of the International Covenant on Civil Political Rights and Articles 2 and 3
of the African Charter on Human and Peoples’ Rights all of which guarantees
equality before the law and freedom from discrimination. Applicants submits that
the Human Rights Committee in its General Comment No. 18 at its thirty-seventh
session in 1989 defines the term “discrimination” in paragraph 7 as follows:
“…any distinction, exclusion, restriction or preference which is based on
any ground such as race, colour, sex, language, religion, political or other
status, and which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise by all persons, on equal footing, of all
rights and freedoms.”
13. Applicants argue that their case was treated differently from that of Agyei
Twum v. The Attorney- General and Bright Akwetey [2005-2006] SCGLR 732
despite sharing similar situations. Applicants submit that in the Agyei Twum Case
supra, the petition was aborted for failure to make a prior determination of prima
facie case before appointing the committee to investigate and also for breach of
the in camera proceedings by the petitioner. This is in line with Article 146(2), (3),
(6) and (8) of the Constitution. The Supreme Court declared that the petition was
still valid despite the breaches of Article 146(8) of the Constitution by the Chief
Justice and the petitioner.
14. Applicants therefore submits that the decision of the Supreme Court by which
it declared the petition still valid is in violation of the Applicants’ right to equality
before the law and freedom from discrimination in contravention of the above
stated provision of Universal Declaration of Human Rights; the International
Covenant on Civil and Political Rights; the African Charter on Human and Peoples’
Rights.
RIGHT TO PRIVACY
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