Attorney-General and Minister for Justice, Godfred Dame, has called on the Ghana Police Service to expedite their investigations into the recent Democracy Hub protest, which turned violent in Accra.
His call came 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 stressed the importance of swiftly concluding the investigation into the protest, which led to the arrest and remand of several individuals.
He urged the police to ensure that investigations are completed before the next adjournment of court cases linked to the protest.
“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 emphasized.
He also advised the prosecution to consider relevant bail applications at the next adjourned dates. “I will also advise the prosecution to consider relevant bail applications made at the next adjourned dates of the cases,” he added.
The Democracy Hub protest, which sought to end illegal mining (galamsey) in the country, erupted into chaos, leading to the arrest of 50 demonstrators. Of those arrested, 11 appeared before the Accra Circuit Court and were remanded into police custody. The charges against them include 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, raising concerns from various quarters, including former President John Dramani Mahama, who described the two-week remand as an abuse of their rights.
In his speech, Mr. Dame referenced international incidents to highlight how violent protests are handled in other democracies. He cited a July 2024 case in the United Kingdom, where five supporters of the “Just Stop Oil” climate campaign, who caused a gridlock on London’s motorway, were sentenced to lengthy jail terms.
“The protestors had ‘crossed the line from concerned campaigner to fanatic,’” he quoted Justice Christopher Hehir of the Southwark Crown Court. Similarly, he mentioned the prosecution of far-right and anti-immigration rioters in the UK following a mass stabbing incident in Southport.
Drawing lessons from these international cases, the Attorney-General emphasized that while the right to freedom of expression is essential, it must be exercised responsibly and within the limits of the law. “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 further noted, “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 urged the Judiciary to deal firmly with acts of violence and lawlessness to protect the country’s democratic progress. He highlighted the importance of maintaining law and order, especially during this critical 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.
The Attorney-General’s remarks come amidst growing concerns over public demonstrations and their potential to disrupt peace and security in the lead-up to the general elections.