The Attorney General and the Ghana Health Service (GHS) have been sued by Sammy Gyamfi, the National Democratic Congress’s (NDC) National Communications Officer, and three other individuals over the government’s mandatory covid-19 immunization program.
The petitioners argue that the policy violates Ghanaians’ fundamental human rights in a lawsuit that also includes the Ghana Health Service (GHS) and the Ghana Airport Company.
The government has implemented new procedures at the Kotoka International Airport as part of its attempts to get more Ghanaians vaccinated against COVID-19.
During the holiday season, it has also announced intentions to restrict unvaccinated people from entering specific public venues like as stadiums and entertainment event centers.
In a lawsuit, Mr. Gyamfi and three other petitioners allege that the directive is unconstitutional.
“That I am advised by Counsel and verily believe same to be true that the respondents do not have any constitutional, legal or reasonable basis whatsoever for the directives issued and dated 9th and 14th December 2021, and the public announcement of 15th December 2021 by the President of the Republic of Ghana and being implemented at the Kotoka International Airport (KIA).”
According to him, the new directive prohibits unvaccinated Ghanaians from leaving or entering the country.
“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.”
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 travelling 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 is therefore seeking the following 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.”