COVID-19 mask-wearing penalties ‘ridiculous’ – Martin Kpebu

A private legal practitioner, Martin Kpebu, has described sanctions under Ghana’s mask-wearing law in the wake of COVID-19 as ridiculous.

He said the sanctions in their current form are destructive, arguing they do not reform an offender as expected of any sanction.

Per the law, “a person who fails to comply with the restrictions imposed under the Executive Instrument issued under subsection 1 of Section 2 commits an offence and is liable on summary conviction to a fine of not less than 1,000 penalty unit (Gh¢12,000) and not more than 5,000 penalty units (Gh¢ 60,000) or to a term of imprisonment not less than four years and not more than 10 years or to both”.

But speaking to Accra -based Starr FM, Mr. Kpebu said the country’s minimum wage did not make it possible for persons to afford the minimum fine in the law.

“Where in this world will you see such a ridiculous sanction regime? The law is made to reform not to destroy. What we have is very ridiculous, and I don’t think the President is aware of it, and what the people think about it.  It is a very ridiculous law. You’re going to destroy citizens with such a law. If you look at the minimum wage, how much savings can an average person do to be able to raise that minimum fine?” he questioned.

The public interest lawyer hinted of a possibility of going to court over portions of the law which demanded that individuals to wear a mask even when they are alone in their vehicles.

Mr  Kpebu described that aspect of the law as absurd.

“We may have to go to court. It cannot be the case that if you are in your car with air-conditioning on, you should have your mask on. It is absurd, you can’t have it on in your car but as soon as you pick a friend, you need to wear a mask.”

Health ministry to engage police over mask-wearing law

However, the Deputy Minister of Health, Dr. Bernard Oko Boy,e  revealed that the ministry would engage the police hierarchy on the implementation of the law governing mask-wearing in the wake of the coronavirus pandemic.

Some residents in Accra took to social media to complain over incessant police harassment even when they are in their cars alone with Air conditioners turned on, but without a face mask.

Reacting to these concerns, the Deputy health minister said there was a need for the police to relax their approach when citizens are alone in their vehicles with their air conditions on.

“If you are in your car alone, the science does not support the position that you’re vulnerable to the virus or you could be infected.  We will engage the police and find out which portions of the law they are trying to implement and how we can be on the same page.

“If someone [police] is trying to arrest someone, even if they are in their car alone, I don’t think we need an amendment of the law to change that, we believe that engaging the police will stop these things and we are going to do that,” he said.