The Ghana Journalists Association (GJA) has condemned an interim injunction issued by the Kade District Court, which orders the shutdown of Esewani Community Radio, Esawani Information Center, and Sir Plan Information Center in Kade.
The injunction, granted ex parte at the request of local traditional leaders, is set to last for ten days pending an Environmental Protection Authority (EPA) assessment of their noise levels.
In a press statement, the GJA described the ruling as legally flawed and a direct threat to media freedom, arguing that the plaintiffs failed to prove that the noise levels exceeded regulatory limits.
The Association also questioned the practicality of an EPA assessment when the stations are not in operation.
The GJA urged the affected stations to file for a Stay of Execution or seek redress in a higher court while calling on the Chief Justice to intervene.
It warned that such judicial actions could set a dangerous precedent for press freedom and impact the livelihoods of media workers.
The Association reaffirmed its commitment to safeguarding media independence and resisting any misuse of state power to silence communication platforms.
Read the full statement below:
GHANA JOURNALISTS ASSOCIATION- EASTERN REGION
Private Mail Bag, Koforidua (E/R) EMAIL: gja.eastern@gmail.com TEL: 0242027285 / 0207640222
Our Ref: . Your Ref: …..
06/03/25
PRESS STATEMENT ON AN ORDER OF INTERIM INJUNCTION ON ESEWANI COMMUNITY RADIO AT KADE GRANTED EX PARTE
The Ghana Journalists Association has sighted an Interim Injunction Order granted Ex Parte by a Kade District court directing the Esewani Community Radio, Esawani Information Center and Sir Plan Information center situated in Kade to cease operations until the Environmental Protection Authority assesses their noise permissible levels and grants them permission so to do.
The order issued by the court remains in force for ten days unless repeated on notice.
The plaintiffs in this Order for an Ex parte injunction are the Krontihene of Asuom one Nana Boadi Amponim Obodade, the Kyedomhene of Asuom Nana Deibour II and Abusuapanin Abosi Agyei.
The plaintiffs’ case is that the operation of the Esewani community radio and the two information centers aforementioned has become a nuisance to the community due to the noise it produces and that, excessive noise can lead to neurosis and nervous breakdown.
The Ghana Journalists Association, as a law-abiding institution respects the decision of the lower court but vehemently disagreese with the order granted.
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 Ghana Journalists Association wishes to State that:
- It will not sit aloof and watch any state institution use its coercive power to shut down any medium of mass communication.
- That 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.
- That 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?
- That, in the adversarial justice systems like we have in Ghana, and considering the parties in the matter, the court should have put the defendants on notice in the worst case scenario. The GJA does not see the urgency in this case that leads to the granting of the Interim Injunction. And that the plaintiffs failed to prove to the cause proof of harm or likely of harm.
- That beyond the infringement of the citizens right to information, the economic right of staff of the station will be affected by this Injunction.
- That 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.
- That we believe that, the court didn’t carefully consider the basic grounds of granting an injunction of such nature. i.e. the test of a prima facia case, balance of convenience and irreparable injury criterial.
- That, the decision of the Lower Court offends the letter and spirit of the Supreme Laws of Ghana, the constitution 1992. The guarantee of freedom for the media is one of the cornerstones of the Republican Constitution and that any attempt to deny such a fundamental freedom should be a source of worry to every democracy-loving citizen.
- That, Article 162 (3) provides that : “There shall be no impediments to the establishment of private press or media; and in particular, there shall be no law requiring any person to obtain a license as a prerequisite to the establishment or operation of a newspaper, journal or other media for mass communication or information”
- The GJA respectfully calls 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.
Attached is a copy of the court order and the plaintiffs writ.
SIGNED
Maxwelll Kudekor
Chairman – GJA
Eastern Region
READ ALSO: