S.C. orders prohibition against High Court to hear disability case S.C. orders prohibition against High Court to hear disability case

By Gifty Amofa, GNA

Accra, Nov. 19, GNA - The Supreme Court on Tuesday ordered an Accra High Court, Human Rights’ Division not to proceed in hearing a case involving a Person Living With Disability (woman) and the African World Airlines (AWA) company.

Madam Rita Kriba, a fellow of the Young African Leaders Initiative (YALI) and staff of the Department of Social Welfare, was denied a seat on the AWA’s Kumasi-bound flight on May 5, 2018.

The Apex Court also ordered that the suit, pending before Lordship Justice Gifty Agyei Addo, should be transferred to the Chief Justice to be reassigned to avoid bad blood between the Court and lawyers.

Mr Harold Atuguba, the Counsel for the alleged victim Madam Kriba, filed an application for the Supreme Court to quash the orders of the Human Rights and stay the proceedings on grounds that there was a pending notice of an interlocutory appeal.

The application also prayed the Supreme Court to prohibit the said judge from continuing to hear the case pending before the court.

Mr Atuguba appealed to the Court for an enforcement of his client’s fundamental human rights, freedom from discrimination, due to the fact that she was prevented from boarding AWA plane from Accra to Kumasi on the account of her disability.

In June 2018, a suit was filed at the High Court against AWA for denying Madam Kriba a seat on its Accra-Kumasi flight on May 5 that year.

It prayed the Court to make an order for damages for discrimination, human rights violation and breach of contract, due to her disability.

The application stated that on May 4, 2018, Madam Kriba’s travel agent booked an AWA ticket for her to travel to Kumasi from Accra.

After going through pre-boarding formalities, she was informed by an airline staff that she would not be allowed to board the plane because she uses crutches.

The team of lawyers, led by Mr Atuguba, are seeking GH¢200,000.00 as compensation for discrimination on the basis of her disability and an additional GH¢10,000.00 for failing to fly her despite having bought a ticket.

GNA

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