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Attorney General and two others sued over compulsory COVID-19 vaccination

Source The Ghana Report

The National Communications Officer of the NDC, Sammy Gyamfi, and three others have sued the Attorney General over compulsory vaccinations at the Kotoka International Airport.

The applicants claim the suit, which has the Ghana Health Service and the Ghana Airport Company listed as respondents violates the fundamental human rights of Ghanaians.

As part of efforts to get more Ghanaians to vaccinate against COVID-19, the government has introduced new measures at the Kotoka International Airport.

All persons 18 years and above arriving in Ghana from December 12 are to provide proof of full vaccination. Also, the unvaccinated population will be prevented from accessing certain public spaces such as stadia and entertainment event centres during the yuletide.

But, Mr. Gyamfi and the three others — Bernard Ackah Blah, Mawuko Kwame, and Berys Ama Sarpong, argued that the said directive has no legal backing.

The applicants noted that much research has not gone into the development of vaccines to warrant compulsory administration.

In the suit, he stated that per information published on the official website of the World Health Organization, all Covid-19 vaccines recommended by the Organization for emergency have an efficacy rate of just 50% or above.

He added that another scientific study has shown that Covid-19 vaccinated persons spread the coronavirus disease more than the unvaccinated.

“Given the fact that the Covid-19 vaccines being forced and mandated by the Respondents on all unvaccinated persons, who are 18 years and above and are traveling to or from Ghana, do not prevent people from contracting the virus or spreading same, for which reason even fully vaccinated and boosted persons are still required to produce a negative PCR Test issued within 72 hours of embarkation to Ghana and an additional negative antigen test upon arrival at the Kotoka International Airport, it is the Covid-19 status of a person entering or leaving Ghana that should reasonably be the concern of the Respondents and not their vaccination status,” he explained.

According to him, the new directive also restricts Ghanaians from going about their individual projects.

“There are many Ghanaian citizens abroad such as the 4th Applicant herein who although are desirous to travel to Ghana their motherland and many people in Ghana such as the 1st, 2nd and 3rd Applicants, who although are desirous to travel out of Ghana to other countries for business or other important purposes, have been held hostage and are unable to do so due to the unlawful and unreasonable directives and conduct of the respondents.”

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Below are the reliefs

A declaration that the impugned directives of the Respondents breach or threaten to breach the Applicants’ fundamental human rights as enshrined under Article 21(1)(g) of the 1992 Constitution of Ghana.

A declaration that the impugned directives of the Respondents violated Section 2(1) of the Imposition of Restrictions Act, 2020 (ACT 1012) and Sections 21, 22, and 30 of the Public Health Act, 2012 (ACT 851) and therefore illegal.

A declaration that the impugned directives of the Respondents contravene the guidelines of the Food and Drugs Authority, Ghana on the administration of Emergency Use Authorized medical products and same are unreasonable.

A declaration that the impugned directives of the Respondents contravene the guidelines of the World Health Organization regarding proof of COVID-19 vaccination for international travelers, and that same is unreasonable.

A declaration that the impugned directives of the Respondents contravene medical ethics and best practices that govern COVID-19 vaccine administration.”

An order of certiorari to bring this honorable court the impugned directives of the respondents to be quashed as having been made without any constitutional or legal and/or reasonable basis whatsoever.

An order of prohibition and/or injunction directed at the Respondents, their agents, and/or assigns, restraining them jointly or severally from taking any steps contained in the impugned directives, relating to the implementation of compulsory COVID-19 vaccination at Kotoka International Airport (KIA) constituting restrictions on the freedom of entry into Ghana of citizens and the freedom of leaving Ghana of all persons.

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