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Breaking down the Public Order Act | The Law with Samson Lardy Anyenini (8-10-23)
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NewsTranscript
00:00 Hello, good afternoon and welcome to the law.
00:04 This is your Legal Lights.
00:06 It is your help law.
00:10 In the last couple of weeks, the headlines have been dominated by demonstrations or call
00:19 them protests.
00:22 What is the basis for them?
00:25 Are they constitutional?
00:27 Are they lawful?
00:29 How can they be lawful?
00:33 This afternoon, I'm spending time with you on the laws that regulate processions or demonstrations.
00:42 We're going to have an interactive session.
00:44 You will join me.
00:46 Let me have your questions and we shall answer them according to the law.
00:51 I'm Samson Ladianyanini.
00:52 We'll be right back.
00:54 Welcome back.
01:05 This is the law.
01:06 It's your Legal Lights.
01:08 It's your help law.
01:09 And today, we are considering a very important topic.
01:17 Breaking down the Public Order Act.
01:25 I'll introduce you to the full extent of the Public Order Act and some other laws or
01:33 constitutional provisions that regulate special events like demonstrations and processions
01:44 and how you can do it lawfully so that in the end, you will not be in trouble.
01:52 And as I began, very shortly, you will join and ask your questions.
01:59 There's going to be a fully interactive session of our legal clinic.
02:06 So let's begin.
02:11 You have seen many demonstrations, not only in the course of the last couple of weeks,
02:19 but over a long period.
02:21 And often, when these demonstrations are about to happen or when they are happening, we hear
02:29 about the demonstrators getting into some conflict with the police.
02:35 And I think the question has to do with the police seeking to prohibit them from carrying
02:42 out the protest or the picketing or the demonstration or whatever you want to call it.
02:49 And they seek to prohibit them because the police will say the date on which you want
02:54 to have it is not convenient.
02:57 We can't protect you for the purpose.
03:02 Or the police will say where you are seeking to have the demonstration or procession is
03:09 a security zone.
03:12 And because of that, we will not allow you.
03:16 Then we hear all sorts of things that ensue as a result.
03:20 In fact, in certain circumstances, people get arrested.
03:29 So what is the basis for all of that?
03:33 Is that backed by law?
03:37 So in the shot you are seeing a demonstration, a very recent one, the Occupy Jilobi House.
03:43 And of course, last week, you also saw the one by the NDC and their partners about Occupy
03:51 the Bank of Ghana.
03:54 So for starters, let's go to the Constitution.
04:00 And the Constitution of Ghana has provisions that guide how to go about demonstrations.
04:14 Let's look at the 1992 Constitution, Article 21.
04:21 Article 21 is under the general provisions we call fundamental human rights.
04:32 We call it the human rights chapter of the Constitution.
04:41 This is the most instructive portion for the purposes of our interaction this afternoon
04:47 and the education that I seek to give you this afternoon.
04:52 Article 21, clause 1, reads, "All persons shall have the right to freedom of assembly,
05:10 including to take part in processions and demonstrations."
05:18 So you note that.
05:22 Chapter 5, which is often referred to as the Bill of Rights or the human rights
05:29 chapter of the 1992 Constitution, Article 21, clause 1,
05:37 provides that all persons, all persons--
05:44 you don't have to be a citizen of Ghana to participate
05:48 in a protest or a demonstration.
05:51 All you must be is a person.
05:55 You don't have to come from a certain tribe or a certain village.
06:00 You don't have to belong to a certain group or organization.
06:07 All persons shall have the right to freedom of assembly,
06:15 including freedom to take part in processions and demonstrations.
06:22 So you recognize that.
06:24 In demonstrations or processions, you begin with assembly.
06:29 You come together.
06:30 So that's a freedom, fundamental human rights
06:36 that the Constitution guarantees.
06:40 I'll be sharing with you what the Supreme Court had
06:43 to say about this question, which makes you understand this
06:49 in a certain dimension, that you are not giving this right.
06:57 It is only guaranteed in the Constitution.
07:03 You are not giving this right.
07:06 And the reason it is called fundamental human rights
07:09 is because you are born with it.
07:12 You are born with it because you are a human being.
07:16 So the legal scholars and the Supreme Court
07:20 will say you're inalienable rights, rights that cannot be
07:26 taken away from you, rights that they are like your skin.
07:32 So you come with them.
07:33 You are born with them.
07:35 This is one of those rights, your right to assembly,
07:39 gather together, processions, participate in processions,
07:44 and demonstrations.
07:45 So remember, we begin with Article 21, Clause 1,
07:51 where the Constitution guarantees it doesn't give
07:54 because it cannot give what is already your birthright.
08:00 What you are born with because you are a human being.
08:04 It's like saying the Constitution gives you
08:08 the right to breathe.
08:10 No, it doesn't.
08:12 Right?
08:13 Good.
08:14 So from there, we will now move to the Public Order Act.
08:21 The Public Order Act was made in 1994.
08:29 So it's called Public Order Act 1994, Act 491.
08:35 This was made in 1994 for a purpose.
08:39 So your constitution, constitutions generally
08:43 give you the broad strokes of the law.
08:47 They don't give you the nitty gritty and the detailed,
08:51 as it were, mechanisms.
08:54 So they give you the broad strokes.
08:56 And then Parliament will, on the back of those broad provisions,
09:04 make specific provisions in an act called an Act of Parliament,
09:10 like this one, the Public Order Act.
09:13 And then it will provide the mechanisms
09:15 of how to access or assert that right.
09:20 If you read the Chapter 5, once it talks about these,
09:26 including the right to information,
09:29 then it says Parliament shall make
09:31 a law that will detail how you can access or assert
09:36 this right.
09:38 And remember, every right comes with a responsibility.
09:42 And every right has some limitation.
09:46 So to have an orderly state, you need such an act to guide,
09:54 provide guidance.
09:56 So let's go through the Public Order Act.
10:00 And I'm dealing with the essential provisions
10:02 that you need to know.
10:03 So you can, on your own or through your group,
10:06 in your village, in your town, wherever
10:09 you are, if you want to organize such a demonstration
10:13 or protest, you follow it so you don't fall foul of the law.
10:17 Because when you do, you'll be punished.
10:20 You have a right.
10:21 Your right go with responsibilities.
10:24 And of course, there are limitations.
10:28 So in Section 1 of the Public Order Act,
10:33 it requires what it calls notification
10:37 of a special event, notification of a special event.
10:42 That is a history to why the law calls it notification.
10:48 In 1993-- remember, this law was made in 1994.
10:55 In 1993, the NPP was unhappy about a particular development.
11:03 And so it went to court with a case to the Supreme Court.
11:08 And that case is titled New Patriotic Party
11:12 versus Inspector General of Police.
11:14 They sued the police.
11:17 What was their complaint?
11:18 Their complaint was that we had a law then.
11:21 And that law, which was made in 1972,
11:28 called the Public Order Decree, Public Order Decree, NRCD 68.
11:36 It required that if you wanted to have a special event,
11:41 if you wanted to have a demonstration,
11:43 you needed the permission of the police.
11:48 You needed to apply for permits, for them
11:52 to grant you a permit before you can undertake the exercise.
11:57 As you see, the 1994 law repealed that 1972 law.
12:11 And the provision requiring permission.
12:16 And now renders it notice.
12:20 So there's two difference.
12:22 You are seeking permission.
12:24 It's not the same as you are serving a notice.
12:28 So we go back to the section one.
12:34 Notification of special events.
12:37 A person who desires--
12:39 remember, again, it doesn't say a citizen.
12:42 The law uses person for specific purpose.
12:45 It doesn't use it for nothing at all.
12:50 A person who desires to hold a special event in a public place
12:56 shall notify the police of that intention,
12:59 notify them of that intention, not less than five days
13:04 before the date of the special event.
13:07 So the first requirement is that serve a notice.
13:12 It can be a letter.
13:14 It can be anything.
13:16 Once you put it on a piece of paper,
13:18 and then you write and say, dear police commander,
13:25 for the particular area where the police station is,
13:28 where you are going to do the event, the nearest police
13:30 station, you do it.
13:32 And then you give them the notice at least,
13:36 or not less than five days before the event.
13:41 Please take notice of that, not less than five days
13:44 before the event.
13:46 That notification shall be in writing
13:49 and signed by or on behalf of the organizer
13:55 of the special event and shall specify.
13:58 So that notice, it must be in writing, number one,
14:02 and it must be signed by you, those
14:06 who are organizing the event.
14:09 Or if somebody is delivering that notice on your behalf,
14:14 then that person must sign it.
14:17 Some people can decide to have a lawyer do that notice for them.
14:20 But you need to know that you don't need a lawyer for that.
14:23 It's just picking a piece of paper and writing.
14:26 It doesn't say it must be typed.
14:28 It says it must be in writing.
14:30 And it doesn't say there must be any special format for it.
14:33 So you don't have to be jittery about whether what I'm writing
14:37 will conform to what the law requires.
14:39 No.
14:40 Once you have a pen, you have a piece of paper, a pencil,
14:45 you write it.
14:47 And you give them the notice five days before the event.
14:52 Then this is what you are required
14:54 to put in that notice.
14:58 You shall specify, one, the place and hour
15:03 of the special event.
15:06 So you name the place.
15:07 If you want to have it in a dome,
15:10 if you want to have it at the close of Tamale Sports Stadium,
15:16 or you want to have it at the Bogatanga Social Center,
15:20 you want to have it at the Accra Metropolitan Assembly
15:24 because it is the mayor that is doing something
15:28 you are unhappy with and you want to demonstrate.
15:31 Or it is a school authority that is doing something
15:34 you are unhappy with.
15:35 So you specify the place and the hour of the special event.
15:42 You want to start from this time.
15:44 You want to end at this time.
15:46 You state it.
15:48 Then it says you must also state the nature of the event.
15:54 Is it just going to be go to one place, sit there,
15:59 and will placards, or you want to take a match from us
16:03 we see often from a brass sports to the Bank of Ghana office,
16:08 Bank of Ghana premises or so.
16:12 You state the nature.
16:13 Is it just a picketing you want to do?
16:16 How is it going to be?
16:18 State the nature of the special event.
16:21 The time of commencement, time you are starting.
16:26 The proposed route and destination,
16:30 I've already mentioned that.
16:32 And the proposed time of closure,
16:34 I've already mentioned that.
16:35 So you need to put this in that notice that you are sending.
16:39 It says the notification shall be submitted to a police
16:44 officer not below the rank of assistant superintendent
16:48 or other police officer responsible for the police
16:51 station nearest to the location of the proposed event.
16:56 So remember that you take it to the nearest police station.
17:00 And it is to be delivered to a police officer who is not
17:04 below the rank of assistant superintendent of police.
17:10 You don't commit any wrong by asking the police officer what
17:13 their rank is.
17:14 And when you ask, they will tell you.
17:16 Sometimes you can actually see it on their dress pocket
17:20 as well.
17:22 So you take note of that.
17:24 And it also requires that that officer or other police officer
17:31 responsible for that nearest police station.
17:34 So that's the commander in charge
17:36 of that particular police station.
17:39 Where a police officer notified of a special event
17:43 under subsection 1 has reasonable grounds
17:46 to believe that the special event, if held,
17:49 may lead to violence or endanger public defense, public order,
17:53 public safety, public health, or the running
17:56 of essential services, or violate the rights
17:58 and freedoms of other persons, the police officer
18:01 may request the organizer to postpone the special event
18:04 to any other date or to relocate the special event.
18:08 So once you have given that notice,
18:11 then the next thing you expect is
18:15 that the police may notify you that we have gotten your notice.
18:23 But we think the dates on which you
18:25 want to do the program around the area you're going to do it,
18:30 maybe there's going to be another special event.
18:33 Maybe it is the case that some other group
18:36 wants to do something around that place.
18:38 So to have order in our society, they
18:41 would simply let you know that we can't have both of you
18:44 at the same time.
18:46 Or if they can, they will accommodate you.
18:48 But if they can't, because they have to provide you security.
18:52 And if they don't have the sufficient numbers,
18:54 maybe on that day, the police for that particular area
18:57 have already an assignment to attend to.
19:00 So they will also, as the law requires,
19:06 they will notify you of the fact that what you are going to do
19:14 can lead to violence, or it can endanger public defense,
19:19 public order, public safety, public health,
19:23 or the running of essential services,
19:26 or to violate the rights and freedoms of other persons.
19:35 Once the police officer has, or the police
19:40 have this kind of belief, then the law
19:45 continues to say that this is what the police is
19:49 supposed to do to you.
19:51 They are supposed to request the organizers to postpone
19:56 the special event to any other date,
20:01 or to relocate the special event.
20:04 So if that date is the date that is not convenient to them,
20:08 they will request you to postpone, change the date.
20:15 You don't have to have a belligerent posture.
20:19 This is no fight.
20:20 This is only to make sure there is proper order.
20:23 Change the date.
20:24 Then you may have to work on the date.
20:26 But remember, they must give you grounds.
20:30 It's not just that the police officer just wakes up
20:32 and says, change the date.
20:34 They must give you reason for wanting to change the date.
20:36 If they don't have a reason for wanting to change the date,
20:39 then you are at liberty to disagree with them.
20:42 Just like Occupy Jolobi House, they intentionally
20:46 chose the birth date of Dr. Kwame Nkrumah.
20:49 And it has a significance for them,
20:52 for what they were going to do.
20:53 If the police said, change the date,
20:55 they must give them concrete reasons.
20:58 And the law says the reasons, the grounds are there.
21:01 Whether what they are going to do will endanger,
21:04 will lead to violence, it will endanger public defense,
21:07 public order, public safety, public health,
21:09 or the running of essential services.
21:12 If they can't give you any such, you
21:14 have every right to disagree and defy their request,
21:19 and not to, as it were, accede to their request.
21:22 Remember, it's a request.
21:25 It's not an order.
21:26 It's not an order of a court.
21:28 It's a request.
21:30 They are pleading with you.
21:31 So you agree, or you don't agree.
21:34 So if it's about the date, then they
21:36 can request of you to change the dates.
21:39 But if it's not about the date, but it's about the venue,
21:46 they can request that you relocate it.
21:49 So change from DOG to Independence Square, perhaps.
21:58 Once again, they must give you a reason for that.
22:00 They must have good reason.
22:01 If they don't, you are not under any obligation to respect that.
22:07 So once they receive your notice,
22:12 they come back to you on two things.
22:14 That is, if they intend to come back to you
22:17 because they have an issue.
22:19 Two things-- date or venue.
22:22 And they must give reason why they
22:24 want the date postponed to a different date,
22:27 or why they want the organization relocated.
22:31 And the routes that you may need to use,
22:33 if you are going to do a march, they can also
22:36 suggest to you that marching through this place,
22:40 we suspect that this will happen.
22:42 This place is the heaviest traffic spot
22:46 during the day you want to have it.
22:49 We may inconvenience the public just too much.
22:53 So let's meet each other halfway.
22:58 So it's about agreement.
23:00 It's a request.
23:01 Once again, I need to emphasize that.
23:04 Says that, an organizer requested under subsection 4
23:10 to postpone or relocate the holding of a special event
23:15 has 48 hours.
23:19 48 hours, that's two days.
23:23 Of the request to notify the police
23:26 in writing of your willingness to comply or not.
23:32 So when the police tell you or they inform you
23:36 that this is what we want you to do, change the date
23:39 or change the location, change the route or something
23:42 because of such purposes, you have 48 hours
23:47 from the time they communicate to you to get back to them
23:51 to say, I agree with what you suggest.
23:56 We'll do what you want us to do.
23:59 Or you disagree.
24:02 But the law says, where the organizer refuses
24:06 to comply with the request or fails
24:09 to notify the police in accordance with subsection 5,
24:12 the police officer may apply to a justice or chairman
24:16 of the regional tribunal for an order
24:18 to prohibit the holding of the special event
24:21 on the proposed date or at the proposed location.
24:26 This is where there's always an issue.
24:29 So if you don't write back to confirm
24:34 that you are willing to accept the request of the police
24:39 to relocate or to change the date
24:45 or agree to changes to your routes,
24:50 if you don't write back to confirm your willingness,
24:55 then the police may go to court to stop you.
25:02 Remember, if you do not write back, if you fail to write back,
25:09 you have not committed any offense.
25:14 You have not done any wrong.
25:15 But it is proper to do it so.
25:19 Now, if you do not do so, the law says
25:23 the police must go to court.
25:27 They cannot just get up and say, oh, we told you
25:29 that this is not good.
25:31 We are not available this date.
25:33 And so you can't have the demonstration or procession.
25:37 They don't have any power, no right to do so.
25:41 This is a country of laws.
25:43 It's a democracy.
25:44 And we are operating the rule of law.
25:45 So the police is a creature of law.
25:48 So they must also work with the law.
25:51 You must also respect the law.
25:54 So they cannot stop you by their own word or direction,
26:01 except a court of law.
26:03 So when you fail to indicate your willingness
26:07 to accept their request, they must go to court.
26:14 They go to court.
26:15 They will file an application and put it in the court.
26:18 Formally, they would file this process in court
26:22 on your blind side, what in law we call ex parte application.
26:26 So they would go to a court without you knowing.
26:29 All you get to know is that they are holding an order.
26:32 And they say, we have secured an order against you.
26:34 You can't proceed.
26:37 Until in one case, Gifty Owari and others versus the IGP,
26:47 in which the court of appeal judge sitting in the high court,
26:53 Justice Dennis Ejey, held.
26:56 And since then, they have not been able to go ex parte,
27:00 as in on your blind side.
27:02 Held, they used to actually go to the lower court.
27:06 The court held from that day that they cannot go to a lower
27:11 court.
27:12 They must go to a high court.
27:15 And if they are going to a high court,
27:17 they must do so with notice to you, the organizers.
27:23 So they are under compulsion of law
27:26 that if you have failed to agree with them,
27:30 or you have failed to notify them of your willingness
27:33 to accept, to relocate, or to change a date,
27:37 or as in the route to a demonstration,
27:42 they go to the court, but with you, not go alone
27:47 and get an order stopping you.
27:50 So they must notify you.
27:53 So you can also be in the court and tell the court
27:57 why you think they are wrong.
27:59 In the Occupy Jolobi House, we know
28:02 they sought to do the same thing.
28:05 And then in the NDC's Occupy, the BOG,
28:10 they did a similar thing, raised issues about terrorism,
28:14 fears of coups, the fact that Bank of Ghana
28:17 is a security zone, and so on and so forth.
28:21 Because they were served with the process,
28:23 the organizers also went to the court,
28:25 and they needed to explain to the court their side,
28:29 why the police is wrong.
28:31 So this is what the law requires.
28:36 What that means is that they cannot just get up and stop
28:38 you.
28:40 They must take a court order to stop you.
28:43 Now, if they have filed the application for prohibition,
28:49 the law requires that once you are served with that process,
28:55 as we have discussed in the previous weeks
28:57 with my friends, once you are served
29:00 with the application for injunction,
29:03 you stop, hold on, go to the court,
29:07 because their application may be dismissed.
29:10 It is not a giving that you will get it.
29:13 So you go and make your case before you come back and then
29:18 have your demonstration if it is permitted,
29:20 if it's not prohibited by the court.
29:25 So that is important.
29:26 But it must be stated again that, as we
29:29 have discussed over the period, when
29:31 you are served with the injunction process,
29:36 you are only taking a risk if you don't comply.
29:42 If you don't comply, it does not call for arrest.
29:47 It does not call for you being mistreated.
29:53 What you have done is that you are
29:56 becoming liable to content, being
30:01 punished for content of court.
30:03 But remember, if the police have gone to file an application
30:06 that you shouldn't do this and you defy them,
30:11 when you commence the assembling, coming together,
30:14 and to do things, they have other rights
30:17 under law to take you on.
30:21 So let's all learn to comply.
30:23 I'm opening the phone lines now.
30:26 You join, ask your questions, or make your contributions.
30:29 Today, the show is interactive.
30:32 It's for all of us.
30:33 Make your contributions.
30:34 I'm going to be sharing with you the consequences of not
30:39 following the law here.
30:41 If you don't follow the law here,
30:43 what is likely to happen to organizers and even
30:47 the demonstrators?
30:48 There are clear sanctions against you if you do not comply.
30:55 So right about now, the phone lines, as you know them,
30:59 have been activated.
31:00 This is the law.
31:01 It's your legal light.
31:02 It is your help law.
31:05 You can call, ask a question, make a contribution.
31:08 And let's guide ourselves when we have
31:12 to organize a demonstration.
31:15 I also sought to refer to Article 296 of the Constitution,
31:20 which is about the exercise of discretion.
31:23 And I needed to refer to that because of the manner in which
31:27 the police have gone about particularly seeking
31:30 to prohibit a demonstration by going to court.
31:34 Article 296 says exercise of discretion.
31:38 And I read that.
31:39 Then I pick my face.
31:40 I have a face color on the line.
31:42 It says, "Where in this Constitution
31:44 or in any other law discretionary power
31:46 is vested in any person or authority,
31:48 that discretionary power shall be deemed
31:50 to imply a duty to be fair and candid.
31:56 The exercise of the discretionary power
31:57 shall not be arbitrary, capricious, or biased,
32:01 either by resentment, prejudice, or personal dislike,
32:04 and shall be in accordance with due process of law."
32:09 What this means is that if you set the police
32:13 notice of your demonstration good time enough,
32:18 they should get to you good time enough.
32:22 Be fair.
32:22 They must be candid.
32:23 They must not be arbitrary.
32:25 They'll be abusing the discretionary power.
32:28 Discretionary power in this country, if it's given to you,
32:31 it is fettered.
32:33 Unless you are exercising it actually sitting as a judge,
32:36 it is completely fettered, as in it is guided.
32:39 And this is the provision of the law that guides it,
32:41 the Constitution.
32:44 It must be candid.
32:46 It must be fair.
32:48 It must not be arbitrary.
32:50 It must not be capricious.
32:53 That means you don't wait, as we have seen over a long period.
32:57 The police should not wait a day before your demonstration,
33:00 then they are going to court to say they are going to stop you.
33:04 That is abuse of their discretion.
33:06 If you give them notice long enough,
33:09 they should also reach out to you long enough.
33:11 Discuss that.
33:12 So if you don't agree, say the demonstration
33:15 is about a month away, and you send them notice a month
33:19 before the demonstration, the first day
33:22 they receive the notice, they should
33:23 be able to tell you that we don't want you to have it
33:26 on this date because of this, or we
33:28 don't want you to use this route because of that, that, that.
33:31 So that at least there's one month period within which,
33:34 because you disagree, they can go to court,
33:36 and the court would have resolved the case
33:38 before the date.
33:40 But to sit and wait until a day before the demonstration
33:44 and they are going to court, they are abusing Article 296.
33:48 They are abusing their discretion.
33:50 It's arbitrary.
33:51 It's capricious.
33:52 It's not fair, and it's not candid.
33:54 So they must stop that.
33:56 Yes.
33:58 Who is on the line, please?
34:01 Please identify yourself, and then go ahead
34:04 with your question or contribution.
34:08 Please speak up.
34:11 Yes, go ahead.
34:12 [INAUDIBLE]
34:15 Hello, Omari, go ahead.
34:17 Yeah, I think the law is very complicated.
34:20 And I want to find out whether the police and the demonstrators
34:24 are very aware with the law.
34:27 OK, thank you very much.
34:32 That's the reason I'm doing this clinic with you,
34:35 so that you become aware of the law.
34:39 And it's an interesting question.
34:41 You ask whether the police is also aware.
34:43 Well, it's clear sometimes you can tell some police officers
34:48 are clueless.
34:49 They don't seem to know what the law exactly is.
34:52 And sometimes you can blame them, because they
34:54 go through a whole lot of things,
34:55 and they may not have prepared for a demonstration,
34:58 so they do not know.
35:00 So this is your help law.
35:03 Police officers will be watching, listening,
35:05 so they can also benefit.
35:06 So here is the law.
35:08 You serve a notice at least, not less than five days
35:12 before the event.
35:14 Specify the date.
35:16 Specify the location or venue you want to use.
35:19 Tell the nature of it.
35:21 There will be how many people.
35:22 You can give an idea what is going to happen,
35:25 like if you have routes to move.
35:27 Felix, you are calling from Kumasi.
35:30 Let's hear you.
35:31 Yeah.
35:34 Can you please help us know what constitutes public event?
35:41 What are the listed events under the law that can
35:46 be classified as public event?
35:51 Thank you very much.
35:53 So let me go straight to the interpretations
35:55 section of the law.
35:57 And it says you are going to do what it calls special event.
36:04 It doesn't call it public event.
36:05 It's a special event.
36:06 But in actual fact, it's just the public thing
36:09 you want to do--
36:10 processing, picketing, call it what, demonstration,
36:13 whatever you call it.
36:15 It's called a special event.
36:17 And it says special event means a procession, parade, carnival,
36:23 street dance, celebration of a traditional custom,
36:27 an outdooring of a traditional ruler, a demonstration,
36:32 public meeting, or a similar event,
36:35 but does not include a religious meeting.
36:40 Of course, when you decide that you want to fast and pray
36:44 and go and stand in some corner and pray,
36:46 you don't need that kind of notice.
36:49 A charitable, social, or sporting gathering,
36:53 a lawful public entertainment or meeting.
36:56 So once again, special events in the context of the law,
37:01 processing, parade, carnival, street dance,
37:04 celebration of traditional custom,
37:07 an outdooring of a traditional ruler, a demonstration,
37:11 public meeting, or such similar events.
37:15 I think that's quite an exhaustive list,
37:17 even though it's not exhaustive.
37:18 But I mean, it's good enough.
37:20 Doesn't include religious meetings
37:21 and charitable or social or sporting event.
37:27 Musa, where are you calling from?
37:28 And what's your contribution or question?
37:31 [INAUDIBLE]
37:36 I'm [INAUDIBLE] from [INAUDIBLE] in the northern region.
37:39 OK.
37:40 Please, I want to find out, has the citizen
37:45 any right to abuse police?
37:48 For example, during the demonstration of Democracy House,
37:53 I realized there was one lady who was so [INAUDIBLE]
37:57 and was just insulting the police.
38:00 I don't know whether that can constitute a crime,
38:04 or when you're actually demonstrating
38:06 you have every right to talk to the police the way you want.
38:10 All right.
38:12 Thank you very much.
38:13 So like I said earlier, rights go with responsibilities.
38:18 There are obligations.
38:20 And your rights have limits as well.
38:23 OK?
38:24 So good conduct is expected of you at all times.
38:32 In this country, insulting somebody is not a crime.
38:38 But why would you want to be insulting anybody?
38:41 OK, insulting someone is not a crime.
38:45 The only crime when it comes to insult is insulting a chief.
38:50 Strangely, that's what our law is.
38:54 Insulting the president used to be a crime.
38:58 It used to be a misdemeanor, meaning
39:00 you could be punished with up to about three years in jail.
39:06 But we decided to scrap it.
39:09 So that is no longer a crime, to insult the president.
39:12 But why would you want to insult the president?
39:15 What arguments can't you make without an insult?
39:21 In fact, when you use insults, do you make sense?
39:23 You don't.
39:25 So you should look at the power of your argument in the issues
39:30 rather than insult.
39:31 So my friend, my straight answer to you
39:35 is that insult is not a crime.
39:38 But if you proceeded and the police wanted to do its work
39:43 and you were sort of stopping them from doing their work,
39:48 what you are doing is an interference.
39:52 And that interference can become a crime,
39:55 which you can be prosecuted for.
39:58 So let's take note of that.
40:01 In Ghana now, when actually insult or conduct that
40:09 can be interpreted as insult, it's only a crime
40:14 when it is done to a chief.
40:17 And it is punished by up to about, I think,
40:19 it's three or six months in jail and a fine
40:24 plus the period in jail.
40:26 Hello, Richard.
40:26 Where are you calling from?
40:29 I'm calling from Tunisia.
40:31 OK.
40:33 I'm asking you to contribute.
40:36 And mine is actually in the form of a question.
40:40 [INAUDIBLE]
40:41 Go ahead.
40:42 Yeah, please.
40:43 In the case that you want to demonstrate
40:48 and you have followed all the laid-down procedures
40:51 and then the police will go ahead to prosecute you,
40:55 is it possible to actually prosecute them,
41:00 like for them to take personal liability for not allowing
41:05 you to do what the constitution allows you to do if you
41:08 fulfill all the requirements?
41:11 OK, thank you very much.
41:14 So we first identify that the right to assembly,
41:21 including procession and demonstration,
41:24 is constitutionally guaranteed.
41:27 It's a fundamental human right.
41:30 In Article 21, Clause 1(d), if you read Article 33,
41:37 you will find that the law says, the constitution says,
41:40 if someone threatens that right of yours
41:45 or they violate your rights, which
41:47 are contained in the provision, Chapter 5,
41:50 the fundamental human rights provision,
41:52 if someone threatens to violate them
41:55 or has actually violated those rights,
41:59 you have within six months to go to the court
42:03 and make a complaint.
42:04 And the court will make a declaration.
42:08 So that's your answer.
42:10 You can take up a suit against the police.
42:13 But if, as you say, it is not just frustrating or threatening
42:18 your rights and frustrating it, but they
42:22 have gone ahead to sort of harm you, cause damage or injury
42:28 to you, you still have a right to take a suit against them.
42:35 If they have caused injury to you,
42:37 you can sue them for assault, just like anybody
42:41 can take you on for assault.
42:44 Whilst that can be prosecuted criminally,
42:47 there is also what we call in law, tort.
42:49 So in civil process, you can take it on.
42:52 Yes.
42:54 Yacoub, where are you calling from?
42:55 And what's your question or contribution?
42:59 Yes, I'm calling from Boko Haram in the Afar East region.
43:02 Hi.
43:05 Yes, please, I have a question about what you said.
43:09 It sounds to me like if you intend to demonstrate
43:12 and you write to the police, let's say,
43:14 five days before the demonstration,
43:15 and you write to the police, and let's say
43:17 the police disagrees with the date of the demonstration,
43:21 and writes to you back, and you refuse
43:26 to write to the police back, you disagree with the police
43:29 decision, and let's say the police goes to court
43:32 to stop you from demonstrating.
43:34 And you are not made aware of the police going to court,
43:38 and you go ahead to demonstrate.
43:40 Will you help for contempt of court, please?
43:44 Right.
43:45 So let's repeat that.
43:50 The police cannot go to court without you knowing
43:54 that they have gone to court.
43:57 The court has said, since-- you remember the let my vote count
44:03 alliance demonstration about the voters register,
44:08 where people were really abused by the police.
44:11 Some of them were whipped with horse whips, water cannons.
44:16 They tear gas then.
44:21 They went to court, and the court
44:24 said, you don't go to the court, a lower court in the first
44:29 place.
44:30 You always used to go to a lower court without you knowing.
44:33 The court says, no, you can't do that anymore.
44:36 So now, they must serve you a copy of the process
44:40 they have filed in the court, and there'll
44:42 be a date on the process that shows when all of you
44:46 must appear before the court to argue.
44:48 So they will argue their case.
44:50 You two, you argue your case, and the court will rule.
44:54 So that's what will happen.
44:57 If they manage, because it's a decision of the high court,
45:01 and if they manage and want to be unfair,
45:05 want to act arbitrarily, and then proceed to a court,
45:08 and the court hears them, and they
45:12 secure an order of injunction against you,
45:16 unless they have served it on you,
45:20 you are at liberty to go on with your process.
45:24 If they haven't served it on you,
45:25 you will not be liable for contempt.
45:27 Unless they have brought it to you,
45:28 and you have seen it, that they have actually
45:30 obtained an order from the court that is stopping you.
45:34 Until that, they can't stop you.
45:36 Remember, the police is a creature of law.
45:39 So they cannot act anyhow.
45:42 They must act in tandem with the law.
45:46 Hi, Yau.
45:46 You are calling from Jolu.
45:47 What's your question or contribution?
45:50 My question is that you are talking about the default
45:53 is not the right thing.
45:55 But me, my problem is that I'm not
45:56 going to resort to the educated people.
45:59 More than the NDC activities that
46:01 were done to the NDC when they joined the NDC.
46:04 They committed themselves to resorting to chatter.
46:07 They even know that law is not allowed to resort to this one.
46:10 The US law is not allowed to do this one.
46:12 And they are doing NDC entities.
46:14 They lead it.
46:15 If they started in 1986 or '86, they
46:17 resorted to chatter up to this level.
46:19 So if the law-- that means the law is not working.
46:22 If the law is working, they can take one leader,
46:24 example, one leader, and start that job.
46:26 Your country's particular kind of deficiency.
46:28 So we are taking it to court.
46:30 Like we, the land-- we go to a polluter.
46:32 We learn from this, and we do the same mistake.
46:34 So me, I think the law in Ghana here,
46:36 women shouldn't go to maybe a men's washroom.
46:40 Men shouldn't go to the other washroom.
46:41 Apart from that one, you know the way.
46:43 Apart from that, there is no law in Ghana here.
46:45 If you have power, power there for your hand,
46:47 you do whatever you want.
46:50 OK, thank you very much.
46:51 But the education I have given is
46:53 what you have to go by.
46:56 No one can take you to court for insulting them.
47:01 Insult is not a crime.
47:03 But you shouldn't be doing that.
47:04 Why do you want to insult anybody?
47:06 I don't get the point, really.
47:08 But the police is there at the demonstration to protect you.
47:13 The police is hired by you.
47:14 You pay them.
47:17 And they are supposed to protect you and help
47:19 you do things orderly.
47:21 Why do you go about insulting them?
47:22 For what?
47:25 But the point is that you may have read somewhere
47:28 that somebody has been taken to court for insulting
47:34 the president or something.
47:35 It's not insulting the president.
47:36 It was a certain conduct, not insulting the president.
47:39 Conduct conducive to the breach of the peace, not insult.
47:43 Because we used to have the law against insulting the president.
47:48 And that law has been abolished.
47:51 Remember that.
47:52 So there's no that offense anymore.
47:55 The offense now is insulting a chief or a conduct that
48:03 can be interpreted to mean you are insulting a chief.
48:07 That one is punishable.
48:11 Up to-- yes, Abouadji?
48:16 Where are you calling from?
48:17 I'm calling from [INAUDIBLE]
48:22 OK.
48:22 And I wanted to find out if we have security zone where
48:27 assembly and processing cannot be held over there.
48:33 Thank you.
48:33 This was in the case of--
48:35 Thank you very much.
48:36 That's a straight one.
48:36 And I'm sure that having followed me for a while,
48:39 if you have, you would know what my views are about that.
48:41 You see, to have an orderly society,
48:44 there are places that are designated as security zones.
48:47 And there's a good reason for which those places are
48:49 designated as security zones.
48:52 What people have been seeking from the police
48:56 is for the police to show them what instrument, what document
49:01 shows that this place has been designated as a security zone.
49:06 They need to do that.
49:07 I don't see why that is a problem for them to show so.
49:11 Once you don't show that to them,
49:13 then they say, then we won't take your word for it.
49:17 You are not law unto yourself.
49:19 Some of it common sense.
49:21 You can see that, yes, this place is actually
49:23 a security zone.
49:24 But that's not the way we work under a lawful society.
49:28 If they say, show us, show them.
49:30 If there is none, then it has to be persuasion between the parties
49:34 to agree.
49:36 For example, they asked again, Bank of Ghana,
49:38 they asked, where does the security zone,
49:43 where does it end?
49:46 From the premises of Bank of Ghana, where does it end?
49:49 If it begins from the bank itself, where does it end?
49:52 Show us where it ends.
49:54 They couldn't show them.
49:57 That means somehow somebody was seeking to be arbitrary.
50:02 Somebody was not being fair.
50:03 Show me, here is where it ends.
50:06 Then we can have a nice and decent discussion.
50:08 But in the end, I think they were respected.
50:12 So let's all resort to that.
50:17 So in 2001, once again I stress, in 2001,
50:21 we repealed our law, which said you could not--
50:28 insulting the chief, insulting the president was a crime.
50:35 We repealed it.
50:37 Then in 2008, we did a new law, which is the Chieftency Act.
50:43 There was one before, then we did another one in 2008.
50:46 And in that act, we put in there that if you demonstrate
50:50 a conduct that is disrespectful or insulting language,
50:55 use insulting language against a chief, then it is a crime.
51:02 So note that it is a crime.
51:06 Thank you.
51:07 Aladji Bahama, what's your question?
51:09 Good afternoon.
51:10 Good afternoon.
51:11 Where are you calling from, Aladji?
51:12 I'm calling from Nima.
51:14 Nima, let's hear you.
51:16 What about if someone insults me in public
51:21 and threats me at the same time?
51:23 Right.
51:25 OK.
51:25 To beat me or to do whatever to me.
51:29 Threat of harm is a criminal offense.
51:32 And threat of murder is also a criminal offense.
51:38 When someone threatens to harm you, that is an offense.
51:42 That is punishable under law.
51:45 When they threaten to kill you, that
51:47 is also an offense that is punishable under law.
51:52 So please take note of that.
51:55 Don't go threatening people.
51:56 It's not right.
51:57 You don't have any right to do that.
51:59 And if it is like making a false allegation against you,
52:05 that one borders on defamation.
52:08 And that is not crime.
52:10 You can go to court with a civil suit
52:14 that the person has made comments or publication that
52:19 is untrue about you, which is false,
52:22 and which has damaged your reputation.
52:25 And then the law of defamation will take control.
52:29 I'll take my last caller.
52:31 And then I tell you the sanctions under the law.
52:33 Let's not forget.
52:34 So please forgive me if I can't take any call again.
52:36 Hello.
52:38 Good afternoon, Johnson.
52:39 Hi.
52:39 What's your name?
52:40 Where are you calling from?
52:41 I'm Richard of OIC.
52:43 Hi, Rich.
52:43 Let's go.
52:45 A place where there's a lot of gold.
52:48 Yes, I would like to let the Canada Police Service know
52:53 that the law asking them to ensure people protest
52:59 and demonstrations cannot be misapplied and used
53:04 against people's right to demonstrate and protest.
53:08 It looks like it will become one too many where, oh, this
53:12 is a security zone.
53:13 We can't allow you to protest.
53:15 This is a security that looks like some political hands are
53:20 manipulating the Canada Police Service in their favor,
53:24 where almost every planned demonstration is more or less
53:29 hampered by the Canada Police Service.
53:31 Excuse that.
53:31 Oh, it's a security zone.
53:33 Is this-- is that.
53:34 It's like they are not allowing free flow of protest.
53:38 Thank you.
53:40 Thank you for your contribution, sir.
53:41 Thank you very much.
53:43 That's your opinion of the police's conduct
53:45 in these matters.
53:47 And you're entitled to it.
53:49 And in the law, I need now to state to you
53:53 certain consequences if you fail to comply with the law.
54:01 And remember that you can have the demonstrations only
54:04 in a public place.
54:05 And the law defines a public place
54:07 to be a place at the material time
54:13 the public have or are permitted to have access
54:16 without payment or otherwise.
54:19 So a place where you are allowed to have access without payment,
54:22 the law says that is a public place.
54:26 Where at a special event, damage is caused to public property,
54:30 the organizer or any other person
54:33 found to have been responsible for the damage caused
54:36 are liable to pay the cost for the damage.
54:40 A person taking part in a special event
54:43 shall obey the directions of police officers,
54:46 safeguarding the proper movement of any other persons and vehicles
54:50 and generally maintain order.
54:52 A person taking part in a special event
54:54 shall act in a manner that avoids causing obstruction
54:59 or of traffic.
55:02 You should stop causing obstruction
55:04 to traffic or confusion.
55:06 Yes, otherwise you are committing an offense.
55:15 Stop causing obstruction to traffic or confusion
55:19 or disorder.
55:21 If you don't do and respect the law in that regard,
55:26 if you are found guilty when you are put before the court,
55:29 you could pay damages for the property that
55:33 has been damaged, if property has been damaged,
55:35 or you could be fined 3,000 CDs, or plus a fine,
55:40 you could go to jail for one year.
55:43 Thank you very much.
55:44 This has been the law.
55:45 I'm Samson Ladi-Ayenemi.
55:46 It's your Legal Lights.
55:47 It's your Help Law.
55:48 We're coming your way again next week.
55:50 And next week, I have a guest for an interesting education
55:54 on matters that affect you directly, as we always do.
55:59 [MUSIC PLAYING]
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56:10 (upbeat music)
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