This video features legal experts and politicians discussing how Ghana's government is abusing Sections 207 and 208 of the Criminal Offenses Act to suppress free speech and dissent, with former Attorney General Godfrey Dame and NPP General Secretary Kojo Oppong Nkrumah arguing that these laws are being used to arrest and detain individuals for expressing views, even when no breach of peace has occurred, which they describe as unhealthy for democracy.
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AG Dame and Lawyer Oppong Nkrumah storm for Abronye live! They have ceased his passport.Added:
General, I mean, you were in court, in fact, you are part of the lawyers.
What's your reaction to this particular decision by the court? I think it's in order. It's something that should not even have occurred at all in the first place.
>> [music] >> Be the first to know in Sankofa TV.
of 100,000 Ghana cedis with two sureties.
I don't need travel documents so he won't be able to go out of the country for now.
once every week. But of over 100,000 Ghana cedis.
Lawyer Godfrey Dame the former Attorney General Minister of Justice of the Republic of Ghana. Lawyer Kojo Oppong Nkrumah, honorable member of and uh lawyer uh Nana Obiri Boahen, honorable member for Manhyia South.
reactions, statements of lawyer Godfrey Dame after the release. You will hear lawyer Kojo Oppong Nkrumah, the General Secretary of the New Patriotic Party.
So, Eddie Abbit and so Godfrey Dame after the granting of the bail by the Accra High Court of Kwame Baffoe, the Bono Regional uh chairman of the New Patriotic Party.
In matters [snorts] like this, bail ought not to be refused at all.
Because even after conviction, bail ought not to be denied. And based upon the decision of of the court, I mean, even upon conviction, there ought not to be a detention of of the person. They ought to be only sentenced to a fine.
Any sentence to a fine is what ordinarily ought to apply. Then clearly it becomes improper that a person upon arraignment before the court should be um detained for about 2 weeks. And in this case he has already spent 9 days and 8 nights. And that for me is very very unhealthy for our democracy.
But this is not the first time that we have witnessed such a thing. What do you think should be done? In fact, you were the former attorney general. What do you think should be done generally in order to address this particular challenge?
Clearly, I mean you see that in the case of Abro Nye, even the facts did not even fit the crime. I feel that the the facts before which he is arraigned before the court clearly did not even warrant the institution of criminal proceedings. You see if you examine the charge sheet carefully, you notice that the complaint of the police was about the derogatory nature of the words used.
It was about derogatory nature or abusive nature of words used. And of course a fashion lies in the civil realm for defamation. It ought not to be a basis for the institution of criminal proceedings. I think there's been gross abuse of sections 207 and 208 by this government. And it's all because they just want to muscle people and prevent a free expression of views and all. And that for me is very very reprehensible.
And all right, thinking members of society ought to really speak against it. And the government ought to put a stop to it.
All right, thank you. Thank you.
>> against our democracy. Is it okay that whatever is happening to the honorable member of parliament because of him as a person saying that he's been in and out of the law?
So unless really curtailed, and I think that is unhealthy for our democracy. As I said, yes, no matter the expression of views, no matter how reprehensible those views are to you or offensive that they seem to you, it is only when the occasion is breach of the peace or the disturb the public peace that a person may be arraigned under section 207 and 208. So you want to examine the facts of the case and do this before the court clearly and you see that there was absolutely no breach of the peace whatsoever alleged by the by the police.
And that's very very material. If there's no breach of the peace, then it tells that the arrangement of Abro was improper clearly and he's been falsely imprisoned all this while.
Thank you very much. Let us also get a word from the uh O could you call him basically just to get his reaction to this particular decision by the court. You are a member of parliament. In fact, you are a lawyer in relation to this particular case.
This issue of, you know, remanding people into custody and all of that is something that has been happening over the years. What do you think should change generally in order to address this challenge? I mean, we are respectfully of the view that sections 207 and 208 are being abused by the state currently. In the last about 16 months, about 16 people have been arrested and charged under 207 208 and it's all part of uh an exercise which we believe is aimed at suppressing free speech. And we very much disagree with that. You've heard our leadership call it out and we reiterate that. In this specific matter, as has been argued over and over again, it's a misdemeanor. And even if he's convicted on the substantive offense, um today there's authority that says that what is the appropriate thing to do is to uh you know, subject him to a fine. So, then why would the circuit court deny him bail in the first place? We came here yesterday. We had to wait for about 24 hours and the application was not even opposed at the end of the day. So, we think that going forward, it's important uh for the state to pull back on this abuse of 207 and 208. Over the period you've advanced arguments that this is a political sponsored harassment. What makes you to think that Abro is being politically harassed by the NDC because they they say that the judiciary is an independent institution. They Hopefully at a press conference that they have the IP addresses of people and that if people make comments that they consider as misinformation, they will use your IP addresses to come for you. I'm sure you will recall that.
Your reporters covered that press conference. That was the beginning. That was the signal that was given to the you know, security and justice system to use 207 and 208 as an instrument for the purposes of the executive and that is what you are beginning to see and that's what we are speaking against.
>> Before before I let you go, some of your communicators have made comments like we'll make the government or the country ungovernable among other things. Don't you think that that would raise political tension across the country particularly among your supporters? What would you tell them in this regard? The tension is high already. I think yesterday you saw the Peace Council issue a statement that acknowledged that the tension is high. Why is the tension high? The tension is high because every well-meaning member of the Ghanaian society can see that the government of the day is using sections 207 and 208 to suppress dissenting views.
That is what is raising the tensions because there have been many other instances in which very senior people in the NDC side including the current president himself made comments about the judiciary and you didn't see 27 207 208 being applied in this manner. It is those things that are heightening the tension and it is that tension that I think the Peace Council is calling on the authorities to try to relieve by putting a stop to this practice that they are embarking upon. Thank you very much. Former Information Minister, former Works and Housing 100,000 Ghana cedis. Yes. Yes. Yes.
Okay. Yeah. Yeah.
Okay.
Okay.
>> [clears throat] >> Okay.
Okay.
Okay.
>> [clears throat] >> Mhm.
>> [laughter] >> Okay.
radio 95.9 >> [laughter] [clears throat] >> radio 95.9 on the plea only and the Attorney General The court to be like and set today for the bail application to be heard soon.
The counsels for made application and the Attorney General that is not the application.
We thought that it could have been done yesterday.
and come back and say that they have no objection to the application. Why didn't they do it yesterday?
The court has granted the bail application.
>> [clears throat] >> I think it's some conditions that the court has set which is not a problem.
We are happy that justice has been served. And we have been very consistent from day one.
That is a case of misdemeanor.
which is a bill You have You have been an issue at all.
at the circuit court.
But as [clears throat] the trial judge at the circuit court did which we had to come back to the high court.
We may find the conduct of the trial judge unacceptable to some extent a misconduct.
And it's not something that we are going to take lightly.
We have filed in a petition with the quick justice for justice to be met.
The same to be removed from the case of the Republic versus Abena. We firmly believe that he is taking sides in the case.
And he cannot [clears throat] be a judge in his own case. And therefore, justice will be served when the case is given to a different judge.
We are looking to the matter.
This is what happened today.
Well, it's something that they are accountable for themselves.
Because they understand that in the case of misdemeanor the conditions of the application is not a major issue. It's not even an issue.
given the conviction.
You may take the case misdemeanor that I cited authorities today said that the person may not be imprisoned and may be subjected to a fine.
So if even a conviction, the person will be subjected to a fine.
Why did you remand the person?
Why did you remand the person?
I think we are happy that justice has been served and that's all we expect.
That is all we expect.
That is what we are going to do tomorrow.
Tomorrow the new political party will file petition against the circuit court and nine from misconduct. The judge for circuit court nine from misconduct.
Thank you very much.
Joy to me radio 95.9 Joy to me and stay the proceedings.
in movie application it said court no interest. Now I'm granting the deal and I'm saying I said my home video posted in social media I know.
Attorney General, I try your case there.
Give me a thing there come.
Now all of you go to sleep.
And my fortune is not so I grant you near on the back of my own deal.
I want to say there are court to media come. I know any idea there is.
The coming area NPP fighting in the assembly to WhatsApp.
Let me say Raja and Nnamdi since he had net that they can now have a home.
The truck cut off and all that come out to justice.
The judge will say All right.
Okay.
NPP general secretary said chief justice if we NDC and car and car and them and and Kennedy Agyapong for And MP Libya and Yanni Sam.
I don't know if I about being a woman.
Now I'm a bad book on a man. Now I'm on my Ghana FM Yakubu. It will be a new problem being a sir because of what I knew sir. Ah, Mr. before and follow me.
Maybe I won't get there. When you have to put me on the video director call.
Maybe I will be wearing a man in sir.
You better to call me and I will be on TV say you are too.
So I can say to me sir remove. No matter will be MP Libya sorry. No one knew you my boss for. No. When you have to pay me so I don't call her. So I bring a Libya.
You move I had been pop.
No matter you never say Libya. I'm going to be my back. No I got a I don't know how to do that. Yeah, but yeah, the more I must say boom.
I know more than you tell me no. Who say boss will be made you know. I do not buy cool. You need to pay me a sir 60 minutes sir. You buy a whistle whistle game. Into the airport school accountant or a nurse in you or a or a or a or a doctor and will be a yeah. We saw the new coordinator some wedding.
I make a money so many of you send me something you are Michael to be a fear.
I don't know good morning.
Yeah, yeah, yeah, yeah, yeah, yeah, yeah. Mhm. I don't know I hope you get a call. Oh. Yeah, but I don't know my Yeah, my baby yes, you have to wait papa. Yes, you have to wait. No, [clears throat] yeah, I don't know if you just say cool for the phone you know I saw you here.
Who do you have on your papa and you have to tell for trouble. I don't know baby.
Yeah, I don't know if you have a papa.
I'm bad. I don't know if you have a papa and I mean I mean I don't know if you have a papa and I mean I don't know if you have a papa. You you don't have a papa you don't say no. And the second meeting of the second session of the ninth Parliament of the fourth Republic. I shall see a They're complaining about human rights abuses.
Human rights abuses.
GJA for a year press conference that I know human rights abuses and we are called to receive treated among them and the way section 76 of the electronic communications act of 2008 >> [music] >> and a section 208 of act 29 is being abused by the by by the police and in the state.
Hello.
>> To say say judge you know to say say a by law what I mean to say a matter in the war hall and the matter criminal and other offenses act number 1960 law procedure law that is the act 80 law and the court 2208 law and the treaty SAY WHEREBY A JUDGE
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