Private legal practitioner Dickson Tweneboa-Koduah has stated that getting the approval or an opportunity to embark on a demonstration is not a license to engage in lawlessness.
He explained that every citizen has a right by law to demonstrate, but you have a duty to be responsible and civil while demonstrating.
He was reacting to the court’s ruling to remand 39 Democracy Hub demonstrators over alleged acts of lawlessness.
The protesters, who were apprehended during demonstrations on 22nd and 23rd September, appeared before the court Tuesday, 24th September 2024, where their bail requests were denied.
In a statement released by the Ghana Police Service, it was revealed that 28 of the accused have been remanded into police custody, while the remaining 11 were transferred to prison custody. The court has scheduled the next appearance for 30 of the accused on 8th October 2024, with 9 others expected to reappear on 11th October.
The decision by the court to remand the demonstrators in light of the charges against them has sparked criticism from several quarters.
But the lawyer, in responding, stated that discretion is in the bosom of the court premised on several factors.
Speaking on Rainbow Radio 87.5FM’s Nyankonton Mu Nsem program, Mr. Tweneboah Koduah maintained that prosecution defendants may be denied bail on multiple grounds, including the risk of repeating the offense for which they are being prosecuted.
‘’The person may also be held in custody for his or her own safety. There may be some people who would want to attack or assault the person standing trial, and so, in the wisdom of the court, that person would be held in custody for their own safety. There is also the possibility that the person or persons may interfere with the investigation and tamper with evidence in the ongoing trial. So there are reasons why a court will grant or refuse bail of an accused person or persons.’’
The lawyer maintained that it was improper for some of the demonstrators to have engaged in acts of lawlessness, including alleged destruction of property and prevention of people from accessing healthcare, among others.
‘’It is your right to demonstrate, but when you engage in acts of lawlessness during the demonstration, you will be arrested. That is one thing a lot of people refuse to understand. While demonstrating, you don’t have to breach the law or go beyond the agreed routes. The police can arrest and prosecute you if you engage in lawlessness while demonstrating. You cannot do whatever you want because you are demonstrating. It is not a license to engage in acts of lawlessness. If you are embarking on a demonstration and you assault others or destroy property, that is a breach of the law, and you will be arrested and prosecuted,’’ he said.
He stressed that ‘’nobody has disputed that the demonstration against galamsey was a bad thing. It is a good initiative. However, destroying police barricades while demonstrating is offensive, and so you would be arrested. If you are demonstrating and you prevent people from accessing healthcare, it is unlawful, and so you would be arrested because it is not part of the demonstration. You are aware that if the law bars you from doing something and you do it, the law will deal with it. Removing the key of a police vehicle and throwing it away is certainly not part of the demonstration, and so you will be arrested and prosecuted’’.
By: Rainbowradioonline.com/Ghana
