Galamsey protestors exceeded limits of free expression – Attorney General

The Attorney General and Minister of Justice, Godfred Yeboah Dame, has stated that members of the Democracy Hub who recently went on a protest around the 37 portion of the Liberation Road exceeded the limits of free expression guaranteed by the laws of the country.

The actions of the protestors, according to the Attorney General and Minister of Justice, demonstrated gross disregard for the entire Ghanaian community, the safety of their own lives, and the lives of all other members of society.

Godfred Yeboah Dame made the observation in his address at the 2024 Association of Magistrates and Judges of Ghana (AMJG) held at the Labadi Beach Hotel on Tuesday, 2 October 2024, under the theme; “Improving the Security and Welfare of the Judiciary for Effective Justice Delivery.”

“Respectfully, an unhealthy cycle in the life of the nation is occurring again. The drumbeats of violence, mayhem, incitement to violence, and civil disobedience are being beaten and, indeed, have gone a notch higher. There are attempts to create tension ahead of the elections and instill fear into people through demonstrations which, in some cases, are a ruse for mounting an attack on the security forces of our nation and disrupting the running of essential public services.

“This, with the greatest respect, is not countenanced in any democracy. In any advanced democracy, when protestors exceed the limits of free expression and show disregard for their communities and the safety of their own lives and that of other members of the community (irrespective of the motives for the protests embarked on), they face the rigors of the law,” Godfred Yeboah Dame remarked.

“In this regard, this year on 18th July, 2024, in the United Kingdom, five supporters of an activity described as the “Just Stop Oil” climate campaign, a demonstration against the geophysical and climate hazards of the oil trade, who conspired to cause a gridlock on London’s motorway were sentenced to lengthy jail terms by the Southwark Crown Court presided over by Justice Christopher Hehir.

“In the words of the learned judge, the protestors had “crossed the line from concerned campaigner to fanatic”. After having been found guilty of conspiracy to cause a public nuisance, the leader of the demonstration received a five-year sentence, while the other four were each sentenced to four years,” the Attorney General further remarked.

Other countries

To emphasise his point, Godfred Dame indicated that “in the same United Kingdom, between 30 July 2024 and 9 August 2024, far-right and anti-immigration riots occurred in England and Northern Ireland following a mass stabbing incident at Southport in which three children were killed. The riots were fueled by false claims circulated by some far-right groups that the perpetrator of the attack was a Muslim and an asylum seeker.”

“A demonstration in protest at the incident turned violent with protesters attacking police officers and committing other acts of violence. Following the new Prime Minister, Keir Stammer’s assurance on 4 August 2024, that the protestors “will feel the full force of the law” and that they “will regret taking part in this, whether directly, or those whipping up this action online and then running away themselves”, prosecution of the protestors was mounted.

“Over a hundred convictions were made by the courts. Respectfully, I crave your indulgence to share with you brief details of some of the convictions. On 7 August, three persons were sentenced to periods of between 20 months and three years in prison.

“On 9 August, a 28-year-old man received 20 months in prison for stirring up racial hatred online during the riots, after making a Facebook post stating that people should “smash the fuck” out of a hotel used by the government to house asylum seekers awaiting processing,” Dame said.

“A 34-year-old woman was also sent to prison for 20 months after pushing a burning refuse bin towards police officers. On 12 August, two 12-year-old boys were among those convicted, becoming the youngest people to be convicted following their involvement in the disorder.

“A 35-year-old man was sentenced to three years for posting false information about the identity of the original Southport stabber and praising rioters on his X account, which had many followers at the time of his arrest. On 18 September, a 25-year-old man from Birmingham was sentenced to two years and four months in prison, having pleaded guilty to distributing false materials and information,” Godfred Dame added.

Territorial integrity

The Attorney General noted that “the lesson to be drawn from the treatment of unlawful or violent expression of free speech in the United States and the United Kingdom” as he has disclosed, “is that the legitimacy of the declared object of specific protests does not matter.”

He further pointed out that whilst he acknowledges “the legitimacy of concerns that motivate some protests, the State he said, “must deplore and in fact, prosecute acts of protestors that threaten the running of essential services, infringe on the right to free movement of others, or attack the safety of security forces because such acts endanger the entire society and have a real tendency to destroy the peace of the nation ahead of the upcoming elections.”

“As a renowned demonstrator myself (one of the founders of the Alliance for Accountable Governance who in 2009/2010, embarked on many peaceful protests in Accra) I stand fully for the realisation of the right to freedom of expression. However, that right is always exercised subject to the injunction contained in Article 12(2) of the Constitution, that is, the public interest and respect for the rights and freedoms of others.

“The peace and territorial integrity of our nation at this time (almost 2 months before Election 2024) 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.

Bail applications

In his address, the Attorney General called on the Police to do everything possible to conclude their ongoing investigations so that by the next adjourned date, those who have no case to answer can be excluded from the trial. He also asked prosecutors at the next adjourned date to consider the relevant bail application that would be made by the suspects.

“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 to exclude by that date, all those against whom sufficient evidence cannot be found to proceed further. I will also advise the prosecution to consider relevant bail applications made at the next adjourned dates of the cases,” the Attorney General said.