On September 22nd and 23rd ,a group of Ghanaian citizens called ‘Democracy Hub’ had embarked on a demonstration to register their disappointment at the Government of Ghana’s failure to curb the illegal mining (Galamsey) menace, which is causing unimaginable havoc to our water bodies, the environment, and is an existential threat to the entire nation. The group had intended to
demonstrate for three (3) days, but on the second day of their demonstration, some of their leaders, together with over thirty members were arrested and manhandled by the police on the basis of the allegation that some public properties were defaced by some of the demonstrators during the
demonstrations.
Those arrested were taken into custody at various police stations in the capital and were denied access to their families and lawyers who were ready to provide them free legal services to secure
their liberty as guaranteed by the Constitution 1992.
After the police had detained them for over 48 hours, some of them were arraigned before two Circuit Courts in Accra on Tuesday, September 24th,
2024 and charged with Conspiracy to Commit Crime, to wit, Unlawful Assembly and Causing Unlawful
Damage, among others.
3. Rather shockingly and regrettably, where Rule of Law is most expected, the Circuit Courts refused to grant bail to all of the accused person en-bloc and remanded them into police and prison custody with a return date of 8th October for some, and 11th October for others (two weeks from now),
only for mention. In an official statement issued by the police thereafter, the police explained that the Office of the Attorney General had taken over the case and was responsible for the proceedings
at the circuit courts on behalf of the State.
In the objective view of LINSOD, the refusal of bail to the demonstrators, who, whether or not have caused some minor destruction to public property, on one hand, and remanding them to re-appear in court after two weeks, on the other hand, are unusual, and obviously not normal. It is reminiscent of
regimes of brutal dictatorships and authoritarian rule, which we thought we had moved away from
It is because courts of justice in democracies, and in normal times, do not, and must never, subject
mere demonstrators to the kind of ruling made by the circuit courts in Accra yesterday that we have
come to the conclusion that the hands of government is hugely behind this ill-treatment of the demonstrators.
5. Again, the very fact that the Office of the Attorney General had run to the circuit courts－where the
practice is normally for the police to represent the republic－and took over the prosecution, and
prayed that the demonstrators be remanded instead of admitting them to bail as would reasonably
be expected in a proper democracy where the rule of law works, reveals amply that the ruling NPP
Government is behind the brutality of the demonstrators.
What shocks our minds is that the courts in this case sided with the government to subject the
demonstrators to inhumane treatment, and abuse of their rights without even considering the cause
the demonstrators were fighting for, which is the “galamsey” menace.
LINSOD, firstly as a body of lawyers, know that by law, the continuous detention of suspects before
their trial, is tantamount to punishing them for the alleged crime of which they are charged, and before they are even convicted of same. Accordingly, bail must not be denied to suspects unless it is reasonably believed that they shall not reappear in court when they are on bail; or they shall interfere with the further investigation of the charges against them, among others.
In this particular instance, some of the demonstrators who are held remanded into custody are pregnant
women, children; asmathic and diabetic patients, who are no flight risk at all. Many of them are ordinary law-abiding Ghanaian citizens from responsible families.
8. Again, LINSOD, as lawyers pushing for adherence to proper democratic tenets in Ghana, we know that nowhere in proper democracies, all over the world will demonstrators who have not
murdered or assaulted anyone, and have not attacked law enforcement personnel, or cause and considerable and extensive damage to important public property are held in custody for more than
48 hours.
The opposite can happen only in despotic regimes, which we thought we had moved away
from in Ghana since over three(3) decades ago. Demonstrations, being essential tools for resistance,
and for pressing home demands of a group of people in democracies, is to be encouraged, and one way of doing that is for the courts to protect demonstrators against the long arms of Government
and the police.
The arrest and remand of the “Stop Galamsey” demonstrators is obviously intended to suppress the
free assembly and free speech of citizens. It is a tactic by the Government of Nana Akufo Addo to
send fears among other citizens who may have reason to demonstrate against the regime in an election year as this.
Our courts should have never advanced these motives of an authoritarian government. Our courts
are supposed to be on the side of democracy, and for that matter, on the side of the demonstrators.
This is why LINSOD believes that it was wrong for the demonstrators in question to be refused bail by a court in a democracy such as ours, where we believe the rule of law must be supreme.
11. It is pathetic that the authorities in Ghana have not learned any lessons from citizens uprising in
neighbouring countries. Such uprisings invariably, start, as happening here, by a first demonstration,
during which the police shall be high-handed and arrest demonstrators unnecessarily, and the courts
would refuse those arrested bail, all with the intention to suppress any further action by the people.
Unfortunately, these methods do not work any longer when the people have had enough. The methods rather escalate the resistance, and eventually, it snowballs into something dangerous, but which could have been avoided if the authorities had decided to be cautious and chose to engage the
demonstrators instead of brutalizing them.
In order to avoid any escalation in the near future, we of LINSOD hereby call on the Ghana Bar Association (GBA) and other Civil Society Organizations to join us in demanding for the immediate
release of the demonstrators to their families. This shall serve our democracy better.
LONG LIVE OUR DEMOCRACY. LONG LIVE LINSOD LONG LIVE GHANA.
ERIC DELANYO ALIFO, ESQ. PRESIDENT, LAWYERS IN SEARCH OF DEMOCRACY
THEOPHILUS DZIMEGA JR ESQ SECRETARY, LAWYERS IN SEARCH OF DEMOCRACY
END
FOR ALL MEDIA ENGAGEMENT, PLEASE CALL:
ERIC DELANYO ALIFO ESQ., PRESIDENT 0249016517 (ENGLISH ONLY)
THEOPHILUS DZIMEGA ESQ., SECRETARY 0544338321 (ENGLISH ONLY)
SADAT HARUNA ALHASSAN, ESQ 024 975 9698
JOHN NDEBUGRI ESQ 024 483 1350
