Opinions of Monday, 5 October 2015

Columnist: thefinderonline.com

The law is supreme

Opinion Opinion

Some weeks ago, the New Patriotic Party (NPP) presented to the Electoral Commission (EC) what it termed evidence that Ghana’s voters’ roll is bloated.

According to the NPP, thousands of Togolese have found their names and photos on Ghana’s voters’ register.

The revelation provoked debate.
Following the debate, the EC, at an Inter-Party Advisory Committee (IPAC) meeting, tasked the political parties to make their proposals for the compilation of a new register known by September 22, 2015.

On expiration of this deadline, six out of the 24 registered political parties submitted their proposals for a new voters’ register.

Political pressure groups such as Let My Vote Count Alliance (LMVCA), Alliance For Accountable Governance (AFAG), Movement For Change (MFC) and Coalition For Free, Fair and Transparent Election decided to picket at the EC and present their own proposals for a new voters’ register.

The police administration successfully secured an injection preventing the above groups from picketing at EC and Parliament House.

During the protest, participants were brutalised by the police, and pictures and videos published in both print and electronic media provoked national outrage.

President John Dramani Mahama and flagbearer of the NPP, Nana Akufo-Addo, both called for a probe into the brutalities.

Even before the probe was conducted, the pressure groups planned to stage another protest today, and the police again secured an injunction.
The groups challenged the injunction in court, and yesterday a circuit court in Accra declared that the injunction had expired.

The police again secured another injunction halting the demo today.
Article 21 (1) (d) says that, “All persons shall have the right to freedom of assembly, including freedom to take part in processions and demonstrations.”

It is instructive to note that Article 1 (2) of the 1992 Constitution says inter alia that the constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this constitution should, to the extent of the inconsistency, be void.

There is nowhere in the Public Order Act 1994 (ACT 491) which gives the police any power to ban demonstrations.

In fact, the only thing that organisers of demonstrations are required to do per this act is to notify the police of their intention not less than five days before the date of the event.

Demonstrations all over the world reflect all shades of the political and social spectrum and they are an expression of how strongly the public feels about controversial issues that political leaders often prefer to avoid.
Some critics have alleged that government is behind efforts to stop the demonstration demanding a new voters’ register.

But why on earth will anybody want to stop a peaceful protest?

Despite the controversies, The Finder is appealing to the police and the demonstrators to continue to be law abiding and rely on the laws of Ghana.
The law is supreme and all must abide by it.