The Supreme Court (SC) will on February 5, start hearing arguments on a writ brought against the Accra Metropolitan Assembly (AMA) by an Accra legal practitioner on its engagement of certain people to carry human excreta.
Nana Adjei Ampofo filed the writ in April 2006.
The Attorney-General (A-G), who is the principal legal officer to the government, is jointly sued with the AMA because the AMA as a government entity is to be represented or defended by the A-G.
Nana Ampofo is seeking a declaration from the court that the act or practice of the AMA engaging the services of certain people to carry faeces or toilet in pans on their heads is an affront to their dignity.
Furthermore, he is praying the court to restrain the AMA which, in his view, is not only cruel and inhuman, but also degrades the carriers as human beings.
One other relief being sought by Nana Ampofo is for the court to direct the AMA to abolish the practice, since it is inconsistent with, and contravenes Article 15 of the national Constitution, which states, among other things, that the dignity of all persons shall be inviolable, and no person shall, whether or not he is arrested, restricted or detained, be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
In his submission, he argued that as a citizen of. Ghana, a provision of the Constitution was preached by AMA and he did not need any special interest; and being a Ghanaian, it was enough for him to bring the action against the respondent under the Constitution.
He argued that the public interest considerations required the immediate abolition of the practice, as it constitutes a health hazard to the carriers and promoted the spread of diseases.
Nana Ampofo submitted that if AMA made bye-laws banning the practice, and ensured compliance house owners would provide more hygienic places of convenience, adding that the Assembly could also provide on site disposal systems or hygienic collection, treatment and off-site disposal systems.
He said the use of pan latrines ought to be abolished or banned in a country that was aspiring to achieve the middle income status by 2015, Nana Ampofo argued that the carriers, often referred to as "latrine boys" “do not work out of choice".
The AMA and the A-G’s are being represented by the Acting Director of Public Prosecutions, Mrs Gertrude Aikins.
The five-member panel of the SC hearing the suit is presided over by Mrs Justice Sophia Akuffo, with Mr Justice Steve Brobbey. Mr Justice R. T. Aninakwah; Mrs Justice Sophia Adinyira and Mr Justice Asiamah as members.
Source: GNA
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