Alhaji Inusah Fuseini, a Constitutional Lawyer, has justified the demonstration by the Democracy Hub members calling on the government to protect Ghana’s water bodies.
This follows the arrest and remanding of the Democracy Hub members, for demonstrating against illegal mining activities also known as galamsey in the country.
Speaking on Starr Today with Joshua Kodjo Mensah, Alhaji Fuseini emphasized that the right to protest is protected by law, specifically citing Article 5 of Ghana’s Constitution, which grants citizens the right to demonstrate for law and order.
He further asserted that the protest by Democracy Hub members is legally justified adding that “the right to demonstrate is a constitutional right; anyone exercising this right should be encouraged and supported”.
The Constitutional lawyer disclosed that the security agencies are expected to support and encourage the protesters rather than arresting them for voicing out their opinions and objecting to how the issue of galamsey is being handled by the government.
“For the security agency to arrest them, keep them in detention for 48 hours, bring them to court ,and remand them, flies in the face of democracy”, he lamented.
He further explained that rather than arresting all participants in a protest, only those who act unlawfully should be held accountable, “if the specific individual responsible cannot be identified, then the leader of the protest should be held responsible, not all the protesters”.
“The Public Order Act also makes individuals responsible for criminal acts during demonstrations. It is only when the individuals who have perpetrated that crime cannot be identified that the leaders of the demonstrations are held responsible. That’s what the law says.
“Is it the case that the police are incompetent to the point that they can’t distinguish or separate those who have committed the acts of lawlessness during the demonstration and that they want to treat everybody the same?” he asked.
“You cannot use police power to frustrate the people’s right to demonstrate against the government.” He affirmed.
Source: Ghana/Starrfm.com.gh/103.5FM/NADIDAT OSMAN
