The Ghana Journalists Association (GJA) has vehemently disagreed with a Kade District court order granting an interim injunction to shut down Esewani Community Radio, Esewani Information Center, and Sir Plan Information Center.
The court order, which was granted ex-parte, directs the media outlets to cease operations for 10 days, pending an assessment by the Environmental Protection Authority (EPA) to determine their noise permissible levels.
According to the GJA, the court’s decision is a clear error in law, as the plaintiffs failed to demonstrate that the noise pollution generated by the media outlets exceeded permissible levels.
“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 GJA stated.
The GJA has questioned the logic behind the court’s decision, pointing out that the EPA cannot assess the noise levels of the media outlets if they are not in operation.
“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 GJA asked.
The GJA has also argued that the court’s decision infringes on the citizens’ right to information and will cause irreparable damage to the community radio station.
“Beyond the infringement of the citizens’ right to information, the economic right of staff of the station will be affected by this Injunction… The decision of the court will cause irreparable damage to the community radio station considering the fact that it may have contracts with advertisers to be executed on air within the period of the closure,” the GJA stated.
The GJA has 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.
The GJA has also advised the managers of Esewani Community Radio Station to file for a Stay of Execution or a Varying Order or an Order of Certiorari in a Higher Court.
“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 Eastern Regional Chairman, Maxwell Kudekor stated.
-BY Daniel Bampoe
