COVID-19 vaccination cannot be compulsory without a legal instrument

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A COVID-19 vaccinaton card by GHS A COVID-19 vaccinaton card by GHS

A private legal practitioner lawyer Kofi Bekai has advised Ghanaians not to wait for the Covid-19 vaccination exercise to be made compulsory before taking the jabs.

The lawyer argues that it would be in our interest as citizens to take the vaccination exercise considering the recent trend of the virus.

He, however, admitted that vaccination cannot be made compulsory without any legal backing.

Speaking on Nyankonton Mu Nsem on Rainbow Radio 87.5Fm, the lawyer said if we are facing a health crisis and authorities believe that we must all take precautions against it, then we must support it.

He posited that Ghanaians must be convinced to take the jab instead of making it mandatory or compulsory.

Ghanaian citizens and residents abroad are exempt for up to two weeks, but will be required to get jabbed upon landing at the airport.

The authorities say they are concerned about a surge of infections over the festive period.

In a statement announcing new guidelines to guard against another wave of COVID-19 infections, the Ghana Health Service said effective Tuesday, December 14, 2021, persons flying in and out of the country are to be fully vaccinated and to strictly follow stipulated guidelines for both self-preservation and the protection of the larger society.

Aside from that, airlines that bring in passengers to the Kotoka International Airport who are not fully vaccinated shall be surcharged U$3,500 per passenger.

Airlines that airlift passengers without PCR test results, or transport and disembark passengers with Positive PCR test results into Accra will also be fined US$3,500 per passenger.

Some have described the directive as unconstitutional and an infringement on the rights of citizens.

The lawyer, in his submission, said if authorities want to make the vaccination compulsory, then the President must issue an Executive Instrument before the vaccination could be made compulsory.

Without the Executive Instrument, anyone could go to court and challenge the directive for compulsory vaccination.

”If we want to vaccinate Ghanaians and not make it compulsory, we have to encourage citizens to take it and explain to them the need for the vaccination exercise. It would not be prudent to make it compulsory without any Executive Instrument,” he stressed.

He emphasised the need for Ghanaians to accept the vaccination for their own safety and protection.

He said the virus was still with us and killing people hence the need for all Ghanaians who are qualified for the vaccination to take it.

He indicated the cases were still rising, and it was our responsibility to protect each other.

Meanwhile, he has advised Ghanaians to adhere to the Covid-19 safety protocols to help reduce the mode of transmission.

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