Ghana’s Attorney-General and Minister for Justice, Godfred Dame, has urged the Ghana Police Service to expedite their investigations into the recent Democracy Hub protest, which escalated into violence in Accra.
His appeal was made during the Annual Conference of the Association of Magistrates and Judges of Ghana (AMJG), held at the La Beach Hotel in Accra on Wednesday, October 2, 2024.
Speaking under the theme “Improving the Security and Welfare of the Judiciary for Effective Justice Delivery,” Mr. Dame emphasized the necessity of swiftly concluding the investigation into the protest, which resulted in the arrest and remand of numerous individuals.
“I urge the Police Service to swiftly conclude investigations by the next adjourned dates of the cases involving the prosecution of excesses from recent protests in Accra so as to exclude by that date, all those against whom sufficient evidence cannot be found to proceed further,” the Attorney-General stressed.
He also recommended that the prosecution consider relevant bail applications at the next adjournment. “I will also advise the prosecution to consider relevant bail applications made at the next adjourned dates of the cases,” he stated.
The Democracy Hub protest aimed at halting illegal mining (galamsey) in the country descended into chaos, leading to the arrest of 53 demonstrators.
Of those apprehended, 11 appeared before the Accra Circuit Court and were remanded into police custody. They face charges including conspiracy to commit a crime, unlawful assembly, causing unlawful damage, offensive conduct conducive to the breach of peace, and assault on a public officer.
Despite pleading not guilty, the court remanded them, prompting concerns from various stakeholders, including former President John Dramani Mahama, who condemned the two-week remand as an abuse of their rights.
In his address, Mr. Dame referenced international cases to illustrate how violent protests are addressed in other democracies. He mentioned a July 2024 incident in the United Kingdom, where five supporters of the “Just Stop Oil” climate campaign were sentenced to lengthy prison terms for causing a gridlock on London’s motorway.
“The protestors had ‘crossed the line from concerned campaigner to fanatic,’” he quoted Justice Christopher Hehir of the Southwark Crown Court. Additionally, he discussed the prosecution of far-right and anti-immigration rioters in the UK following a tragic stabbing incident in Southport.
Drawing lessons from these international examples, the Attorney-General underscored that while freedom of expression is vital, it must be exercised responsibly and within legal boundaries. “Respectfully, the lesson to be drawn from the treatment of unlawful or violent expression of free speech in the United States and the United Kingdom is that the legitimacy of the declared object of specific protests does not matter,” he remarked.
He further added, “Whilst acknowledging the legitimacy of concerns which motivate some protests, the State must deplore and in fact, prosecute acts of protestors which threaten the running of essential services, infringe on the right to free movement of others, or attack the safety of security forces.”
As Ghana approaches the 2024 elections, Mr. Dame called on the Judiciary to address acts of violence and lawlessness decisively to safeguard the country’s democratic progress. He highlighted the crucial need for law and order, especially during this significant period.
“The peace and territorial integrity of our nation at this time… is far greater than the pursuit of any parochial political goals, just as the right to free expression is no more paramount than the right of others to access essential services and the duty of the Police to maintain the peace of Ghana,” he concluded.
