Samson’s Take: Osofo Adjei, Ernesto Yeboah – free speech and bail abuse?

Today, I return to the education I have given a number of times. Ghana may have, in 2001, abolished its law that criminalized speech. But why do some behave as though free speech as guaranteed in the bill of rights in the Constitution implies license to be utterly reckless in what they say?

A breed of vile lacking-in-morals partisans, mercenary media practitioners and charlatans in cassock continue to encourage an ugly sub-culture of insults where issues are up for debate.

They give some young people searching for guidance the impression it is okay to disrespect even accomplished elders and baselessly attack personalities rather than issues. The sad thing is, otherwise decent groups and high up individuals have also goaded and rewarded such social-fabric-destroying conduct for parochial, often, partisan benefit.

Attorney-General, Nana Akufo Addo, led parliament to get rid of the law that punished people for insulting, ridiculing, and defaming the President. You paid up to GHC 9,000.00 and/or faced up to three years in jail.

But in 2008 we put in our laws that you should pay up to GHC 2,400.00 and/or spend up to three years in jail if you used disrespectful or insulting language on a chief or did so by conduct. You could also go to jail for up to three or ten years for threatening harm or death with the intention to put the person in fear of harm or death. So, as it is, there is freedom before speech but that freedom is not guaranteed after you have spoken.

There is that other law we have been fighting for its repeal. You are at risk of spending up to three years in jail if you spread false and misleading information to cause fear and alarm. 56 years old Apostle Kwabena Adjei joins the list of nation-wrecking talkers. But why did the security operatives abuse his rights as a suspect and continue to do so denying him access to a lawyer?

The rights-violating video of his arrest clearly shows his Miranda rights were not read to him, he wasn’t allowed to examine the purported warrant for his arrest and was being questioned without a lawyer of his choice to guide him as the Constitution requires.

Some, myself included, may have asked questions about the alleged marijuana said to have been found on him, but how is that a justification for putting his alleged medical report in the public?

How does a security organization expect any respect and cooperation from citizens when it so fragrantly abuse such sacred private confidentiality rights to keep evidence only meant for courtroom? The evil practice of planting incriminating evidence on suspects is as old as policing itself, and only lawful and transparent policing kills the image-damaging suspecision.

You should concentrate on avoiding the embarrassment you would have faced, however brief, if he had a lawyer who was minded to point out the fact that you relied on a repealed PNDC Law for the possession of narcotics charge.

That PNDC Law has been replaced with the Narcotics Control Commission Act, 2020 (Act 1019). How did the court deal with the question of bail for him, or it didn’t think about that at all even in this Covid19 era?

Well, a court this week used bail as punishment against the plain dictate of the law. Ernesto Yeboah, notorious for his civil rights activism, slept in police cells because of unconscionably excessive and harsh bail conditions set in the sum of GH¢100,000 with three sureties, two of whom were to be public servants. He was not charged with a serious offence or felony.

His charge is not even properly described as a misdemeanor offence. His offence in organizing the #BlackLivesMatter vigil, allegedly without due notice to police, is one punishable by a maximum fine of GHC 3,000 and/or a year in jail. This was a man who was already on police enquiry bail with only one surety. Many judges have the practice of keeping to the terms of the police enquiry or even reducing it.

Interestingly, we are celebrating the fact that Ghana has been commended for standing with George Floyd’s family and black Americans. In America, its been several days of spontaneous demonstrations that don’t require notifying police.