Editorial News of Thursday, 10 May 2001

Source: --

'Scrap all military decrees'

The Omanhene of Essikado Traditional Area, Nana Kobina Nketia IV has called on the government to throw out all decrees that were enacted by the previous military regimes that are being used along side the 1992 Constitution.

He said if this cannot be done by the government, then Parliament must be tasked to re-enact those decrees which must be embodied in the Constituin so that the country could have one document that contains all the laws of the land.

Nanan Kobina Nketia IV, known in private life as Dr Baffoe Maison, a lecturer at the University of Cape Coast made the suggestion at a public forum organsied in Takoradi last week Wednesday by the Western Regional branch of the Ghan journalists Assocaition (GJA) to mark World Press Day which fell on Thursday (May 3, 2001).

According to the Omanhene, though Ghanaians have been made to understand that the 1992 Constitution supersedes all laws on the land, it is hackneyed to see lawyers and even laymen quoting from decrees enacted by military regimes to counter provisions in the Constition. "I personally believe tht soldiers have no moral right to enact laws for this country, therefore, all their decrees must either be repealed or be re-enacted by Parliament", he said.

Nana Kobina Nketia cited a case where Dr. Wereko Brobby set up a radio station without obtaining a license because the 1992 Constitution says there is no need to obtain a license before setting up a newspaper or radio station.

Despite this provision, he continue, when Dr Brobby's equipment were seized after which the case was sent to court, the authorities quoted SMC decree which states that "before one sets up a radio station, he must obtain license or be allocated a frequency by the Frequency Allocation Board (FAB)" and that sicne Dr Brobby did not do that he has no right to operate the station. To him, this decree contradicts what has been written in the Constitution. Therefore, if the authorities think such decrees are still relevant then it be re-enacted and embodied in the Constitution by Parliament which has the power to do so.