Source: Onuaonline.com
Participants of the Democracy Hub anti-galamsey protest, according to Martin Kpebu, a private legal practitioner, have not committed any crime.
He says the security agencies are holding them as “political prisoners” whose actions were purely based on hinged on the State’s interest as the Constitution grants them the right to.
Citing Article 3 of the 1992 Constitution, Mr. Kpebu noted that when a person’s actions are an existential threat to society, the Constitution allows one to disobey the law to save the State.
Whilst speaking on the KeyPoints on TV3 Saturday, September 28, 2024, he said the protestors were tired of the president’s refusal to act on the menace after promising to put his presidency on the line.
According to him, the 53 persons who have been arrested and detained are being held for political reasons but not because they have committed any crime.
“From 2018, Akufo-Addo has been sloganeering. ‘I’m prepared to put my presidency on the line’ and not doing much, adding operation GALAMSTOP and nothing happens. So these people say ‘let’s do something different’,” he said.
He explained further that “when it comes to jurisprudence, there is positive defiance. You think it’s every time that the laws would be obeyed? Even in the Constitution it says when you see somebody doing a coup d’etat, you too take arm if you can counter the coup d’etat, it’s not an offence. Check Article 3, so these are political prisoners. They have not committed any offence.”
“It’s a way of registering their disgust to the existential threats. Ghana Water says now when they process water they get only 40%, then they spend four times more. Turbidity is gone through the roof, so that is the narrative and then Wontumi is walking free so they just did this stunt to draw attention. These are not criminals,” he stated strongly.
Meanwhile, Article 3 clause 3 of the 1992 Constitution states as follows:
(3) Any person who—
(a) by himself or in concert with others by any violent or other unlawful means, suspends or overthrows or abrogates this Constitution or any part of it, or attempts to do any such act; or
(b) aids and abets in any manner any person referred to in paragraph (a) of this clause;
commits the offence of high treason and shall, upon conviction, be sentenced to suffer death.
(4) All citizens of Ghana shall have the right and duty at all times –
(a) to defend this Constitution, and in particular, to resist any person or group of persons seeking to commit any of the acts referred to in clause (3) of this article; and
(b) to do all in their power to restore this Constitution after it has been suspended, overthrown, or abrogated as referred to in clause (3) of this article.
(5) Any person or group of persons who suppresses or resists the suspension, overthrow or abrogation of this Constitution as referred to in clause (3) of this article, commits no offence.
(6) Where a person referred to in clause (5) of this article is punished for any act done under that clause, the punishment shall, on the restoration of this Constitution, be taken to be void from the time it was imposed and he shall, from that time, be taken to be absolved from all liabilities arising out of the punishment.
An Accra Circuit Court remanded leading members of Democracy Hub, Oliver Barker-Vormawor, Felicity Nelson and 11 others into Police custody for two weeks.
Lawyers of the protesters had applied for a bail after they pleaded not guilty. Aside Oliver Barker Vormawor who was charged with 8 counts of offenses including, offensive conduct to the breach of peace and stealing, the remaining 12 were charged with 6 offenses.
The Judge handing the matter, Kwabena Obiri Yeboah ordered the Police to cater for the feeding of the protesters after reports that they had been starved for about 3 days.
After missing his first arraignment on day 1 due to health reasons, Oliver Barker-Vormawor was escorted to the circuit court limping and frail.
Fanny Otoo was however unable to make it to the cour Oliver’s lawyer, Dr Justice Srem Sai argued in court that the Police had neglected his client and denied him prompt medical care until he collapsed while in custody.
Meanwhile, the Police have denied reports of using force against anyone during the Democracy Hub demonstration last weekend despite provocations.
Following the violence that characterized the protest, the Police said that 54 persons were arrested and all of them have been put before the court in line with the due process of the law.
Source: www.onuaonline.com
