With demonstrations, if you’re charged with a crime, you are presumed to be innocent until you are proven guilty – Ohene Gyan Esq
Private legal practitioner Ohene Gyan Esq has stated that it is inappropriate to conduct a demonstration without seeking a permit from the police.
This follows after the arrest of some members of the #occupyjulorbihouse attempted demonstration on Thursday, 21st September 2023.
According to him, the 1992 constitution of Ghana gives citizens the freedom and right to demonstrate but should go through the right procedure by getting in touch with the police and telling them your intention of wanting to conduct a demonstration.
Speaking on Kessben TV’s Breaking News on September 22, he mentioned that this awareness creation is subject to letting the police know the reason for your demonstration, the place of the demonstration, the time duration for the demonstration and also assuring them of a successful demonstration without any consequences such as destroying of government properties.
“Before the 1992 constitution of Ghana started functioning, there was a public order act that allowed you to go for a permit before conducting a demonstration. The same constitution states that your right to demonstrate is subject to national security and protection of public property” He said.
He added that if the individual fails to abide by instructions set by the police, the police have the right to apply for an injunction from the law court which will be served to the demonstrators, and let demonstrators be aware that you are going for an injunction.
” If you the demonstrator is being served the notice, you have to restrain yourself so that you won’t do anything contrary to what is expected of you”
” Should in case you are arrested and accused of committing a crime during the demonstration, Article 19(2)6 of the constitution states that if you are being charged with a crime, you are presumed to be innocent until you prove guilty of such offense”
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Story by Marie Anokyewaa Kyeremateng
