Dr. Justice Srem-Sai, one of the Defense lawyers in the ongoing Democracy Hub protesters case at the Circuit Court has questioned the “behaviour” of the Police leading to the arrest of over 50 protesters.
While pointing to a Police statement that indicates clearly where the protesters were restricted from assembling (Revolutionary Square) per a Court order and further explained in their own (Police statement) no Court had prohibited the protesters from assembling at 37 Intersection.
He wondered why the Police upon realizing that they were not in approval of 37 Intersection did not go back to the Court to obtain a Court order to restrain the Protesters.
“The only unlawful behaviour that happened was the behaviour of the police,” when they decided to arrest the protesters at where they had no order prohibiting them," Dr. Justice Srem-Sai submitted while making submissions for bail for his clients at the Circuit Court in Accra.
Dr. Srem-Sai said the Police did not have any problem with the demonstration which was held at the 37 Intersection, and in fact, issued another to clarify the Order of the High Court obtained on September 18.
Meanwhile, the Circuit Court in Accra presided over by His Honour Kwabena Obiri Yeboah has directed the Ghana Police Service to ensure that the protesters who have been remanded into Police Custody are fed twice a day.
This was after the defense lawyers in the separate cases had brought to the attention of the Court the harsh treatment the police were taking the accused person through.
The defense lawyers had consistently made the point that the accused persons have not been fed for days since arrest while those with health conditions have been left to their fate in cells.
So far 54 were arrested but 53 have appeared in Court and have been remanded. One other was absent and the court issued a bench warrant for his arrest.
Brief Facts
The brief facts of the case presented to the Court were that the accused persons were part of a group of protesters.
On July 9, 2024, the Police Service received a notice from a group known as ‘Democracy Hub’ informing them of their intention to hold a protest dubbed “#Wetaya #ReoccupyJulorbihouse Demonstration.”
According to the Prosecution, by that letter, the group requested the police to provide them with security and protection for the intended demonstration.
The Prosecution stated that the group indicated they intended to protest at the Revolutionary Square, opposite the Jubilee House.
“After several meetings with the Police, the group was advised by the Police to propose an alternative venue as the chosen venue was considered a security zone and likely to affect public order and lead to violence or endanger public defense.
“By an order of the High Court dated 18th September 2024, the group was prohibited from embarking on the intended demonstration at the Revolutionary Square,” the Prosecution stated.
It added that “The Police thus communicated to the convener of the group and suggested seven different locations to be used for the protest in the interest of public order.”
“The group, however, rejected the proposed venues and elected to protest at the 37 Roundabout, which was rejected by the Police.
“On 21st September 2024, the group embarked on their protest and gathered around the 37 Roundabout, insisting on proceeding to the Revolutionary Square.
“The Police mounted barricades around the 37 Roundabout in a bid to maintain security and order.
“The barricades restrained the demonstrators from proceeding to the Revolutionary Square,” the Prosecution stated.
Serious Traffic
It stated that “The demonstration suddenly turned chaotic as the accused persons resorted to blocking the major roads with stones and vehicles, delaying access at the roundabout.
“This caused serious traffic within the Liberation Road, the El-Wak Stadium, the Kawukudi Road, and its environs.
“This caused significant traffic, delay, inconvenience, and annoyance for commuters,” the facts stated.
Billboards
The Prosecution stated that the accused persons also “pulled down billboards and burnt electoral posters and flags of political parties.”
“Again, the suspects forcefully pushed down the police barricade that was used to secure the area, obstructing the effort of the police to maintain peace and security.
“On 22nd September, the accused persons again brought in vehicles to block the major roads.
“The police quickly moved in to remove the said vehicles for easy flow of traffic for commuters.
“The accused persons, however, fiercely resisted the attempt by the Police to tow away the vehicles,” the Prosecution stated.
“The 1st accused person, in particular, was seen forcefully entering the Police towing van and, without authorization, turned off the engine and removed the ignition key to the towing van.
“This action demobilized the Police from towing away the vehicle that the accused persons had used to block the public roads. The 1st accused person thereafter bolted with the key to the Police van,” the Prosecution told the Court.