Free expression rights, while fundamental, are not absolute and are subject to constitutional limitations that protect the dignity and authority of judicial institutions; statements that undermine a judge's independence or integrity may constitute contempt of court and are not protected speech, even when framed as advocacy for democratic rights.
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This Is Offensive To Attǎck The A Judge Of The Court Kwesi Pratt Grill Afenyo Markin And The NPPAdded:
TV with Mr. Prat because we've heard the >> we've heard all the concerns that the the FP and the minority have raised >> more I I I don't mind starting but I find it a little strange.
>> Oh no I I I >> that uh >> Collins is here.
>> Yes. And this is who are raising these matters and yet I get to start the conversation. It's not a problem.
>> You know why? Because you know we play the videos. We've heard Salah Mustafa.
We've heard and then also I've read the the publication. I just thought >> So you will not listen to Collins on this matter.
>> I will. I will.
>> It's not a problem for me.
>> Yes. Yes.
>> Okay.
>> Yes sir. Well, I think first and foremost, we need to state the principles.
And my study of history reveals that any position, any view which has become dominant today or even proven scientifically uh started as a minority viewpoint.
Okay. If you go into history, the guy who first saw or believed >> that the earth was round and not flat was actually crucified on the orders of the clergy. You understand? That was one person.
Today all of us hold that as an immutable truth that the world the earth is not flat.
And that is why the right of free expression is important because if you don't encourage the right of free expression, you stifle debate, you stifle discussion and you make it impossible for society to progress.
>> So anybody who wants to see this country or any other country advance must uphold the principles of free expression. It is absolutely important.
Now in upholding the principles of of free expression and so on I think it's also important for us to be guided by law.
Now in this country we ought to recognize that there's a hierarchy of laws and indeed the supreme law happens to be the 1992 constitution. Every other law is inferior to the 1992 constitution.
Now I'm looking at chapter 12 of the 1992 constitution. This is very interesting. I intend to read it all.
There's two subsections.
Subsection one, the fundamental human rights and freedoms enshrined in this chapter shall be respected and upheld by the executive, the legislature and judiciary and all other organs of government and its agencies. and where applicable to them by all natural and legal persons in Ghana and shall be enforcable by the courts as provided for in this constitution. That's that's like what I said my preamble and so >> but then there's a section two which is very very interesting and section two reads every person in Ghana whatever his race >> place of origin political opinion color religion creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter. but subject to respect for the rights and freedoms of others and for the public interest.
So there's a feta. The constitution which is the supreme law of this land sets a feta >> meaning that it is not absolute.
>> It's not absolute. It sets a feta.
>> It's not absolute. Yeah.
>> Now what are some of the fetters in real practical terms?
You see, even though the constitution guarantees the right of free expression and so you are stopped from making a public declaration that you will kill the president and his wife.
>> Yeah.
>> And put their bodies in cocoa sacks.
If you make such a pronouncement, it is indefensible.
And if you're arrested for making such pronouncements, it is not an offense against the law and cannot be seen as a violation of the right of free expression.
Indeed, there's no country in the world, no country anywhere that I know of where this kind of pronouncement will be tolerated.
You understand? So, we've got to get it very clear that the right of free expression and so on is not unfettered.
It is feted even by the provisions of the constitution and so on.
>> Right >> now the PPP not the minority the PP has done something embarrasses me. You understand?
Now, I saw members of parliament of the MPP actually presenting a petition to the Moroccan ambassador.
>> We'll play that video.
>> Yeah. Who happens to be the dean of diplomatic calling for intervention in Ghana for the respect for the fundamental rights of our people as well. And I'm wondering, my goodness, what is this?
Morocco.
>> Why? What's wrong with with petitioning Morocco?
>> Check the records. Check Amnesty International reports. Check UN reports, UN Agency for Refugees. And so, check all of those reports.
Check what Morocco is doing in Western Sahara. And so, how many demonstrations have not been cracked? How many schools have not been cracked? I spend some time in Tindor in the refugee camp in Tindor and they tell horrendous stories of human rights abuse.
So even their statics is wrong.
You understand their statics is absolutely wrong. I feel so embarrassed.
Why? You want to compare Ghana's human rights record to the human rights record of Morocco?
What's wrong with you?
Unbelievable.
The aesthetics so bad. The argument will be that whether we like it or not, she's the dean of diplomat.
>> I was just about to say that.
>> Okay.
>> Yes.
>> Fine. How do people become deans of diplomatic?
The longer you stay, the more likely it is that you become the dean. the dean is actually the longest serving ambassador or high commissioner you know and that is why if you go around the world in many places the deans are usually Palestinians because they don't get changed very quickly >> right >> you understand and even in Ghana until recently the dean of diplomatic was Mr. Ibrahim Umar >> right >> ambassador of the state of Palestine because he was the long longest serving you know diplomat at that level you understand so that's not really an excuse and so >> so the issue about their human rights credentials doesn't come up come up at all in cons in the consideration of you being appointed as a dean do you get I'm saying that so the issue about the human rights >> as long as we are serving ambassador high commission so those are factors if you are the longest serving you become deemed automatic. You understand?
>> Unless of course you decide not to be and there's been one case of uh of uh a Palestinian ambassador uh Mr. Atasari who was due to become the dean of diplomatic who refused you understand and therefore went somewhere else.
That's how the Moroccan ambassador is the dean.
But be that as it may, >> I want us to look at the specific case of the brau, the buo chairman of the new patriotic party. I want us to look at that specific case >> and I'm in sympathy with the member of parliament who has actually said that we should take into account his condition of health.
Even murderers when they're on trial we are enjoined to take account of their conditions of health on compassionate grounds.
>> Right.
>> Okay. Now we have been told that Mr. Labon was sick and even had to seek medical attention abroad and so on. So the court ought to be minded of his health in whatever decision it takes on Mr. Bronner and I'm in sympathy with that kind of position. But once it can be proven that indeed he has a medical condition, >> of course I mean you have to bring medical report a competent doctor should should attest to the fact that we are in bad health and so on. In fact under some circumstances even persons who have criminal liability are excused on grounds of health. You understand? So the health factor is an important factor and we cannot ignore it. And for M PP members who are raising the health concern, I think that it is legitimate and something that we need to look at.
But moro show me again where in the world United States of America, Germany, Italy, Kenya, wherever where in the world can anybody make a statement that a sitting judge whenever a case comes before him goes to the presidency for direction before he makes a decision and walk free. Where in the world does this happen?
This is a complete challenge to the authority of the court. Complete challenge.
This is complete denigration of the court and its dignity and so on.
I started my journalism as a court reporter and I covered many court cases and so on. So I'm I'm very familiar, you know, with some of these matters.
Do you know that if you enter a courtroom and the judge is dissatisfied with the way you are dressed, the judge can cite you for contempt of court, >> right?
>> The way you dressed, if you read a newspaper in a courtroom, and I've been a victim before. I was in the Labadi court. You know, one of my first court cases. I was in the lab court. Indeed, Justice Bobby, who is one of the most eminent juries as well, was the judge there and I was reading a newspaper in court and he ordered that I should be cited for contact and put in the dock.
I escaped prison narrowly as a result of pleadings by all the lawyers who were in court and so on. I escaped prison but I ended up with a caution. You understand?
Now if you look at the law there are two types of contempt.
Contempt infasia kura and contempt exfasia kura.
>> Yeah. So you commit contempt if you stand in the court or if your actions or utterances are done in the presence of the court that is in the court room. You can be convicted for contempt. You can be cited for contempt and so contempt in fasia kura.
Then there is contempt exfasia kura that is things that happen outside the view of the court outside the courtroom.
Now it is said that if you make utterances or take actions uh which offend the dignity of the court, it amounts to contempt.
If you make utterances or take actions uh which prejudice the outcome of a case, you commit contempt of court and so on. Indeed, in journalism school, we were told that even if a matter is not before court, if somebody is arrested by the police and there is every likelihood that the person would appear before court and you make statements which are likely to prejudge the issue, you commit contempt of court. So this is the law. This is the law.
Now there have been many concerns about contempt and its application by the judges. Many contempts as we speak.
Contempt is said to be in the bosom of the judge. The judge decides what is contemptuous.
The judge will order that we are tried for contempt. The judge will sit in judgment over you and condemn you, convict you or set you free.
>> Acquit and discharge.
>> Acquit and discharge as well. It's in the bosom of the judge. So there are many legal aspects experts who have argued that the laws of contempt should be properly codified in order to ensure that judges do not play God when it comes to the application of the laws of contempt. And I'm in full sympathy with that.
You understand? I'm in full sympathy with that. We should look at the laws of contempt and make sure that judges do not play God when it comes to the application of the laws of contempt and so on. So I'm in full sympathy with that. But be that as it may, my friend, a statement to the effect that a judge, a circuit court judge, anytime a case comes before him, he rushes to Flagstaff House for direction.
Wow.
It's offensive.
It attacks the dignity of the court, you know, on any leg is offensive.
And there's no self-respecting judge who would not take notice of these statements and take action in order to defend their their integrity and their reputation.
Article 12 of the constitution says so very clearly. You have a right to free expression, but you cannot use that right of free expression to damage others and in this particular case to damage a judge virtually be beyond repair. If if if these proceedings do not take place, this stigma will stick to this judge for the rest of his life.
And what is the value of a judge who always runs to the flag staff house for directions as to as to what decisions to make in cases? You have destroyed the jack completely.
>> He's finished >> through the exercise of your right of free expression. You've destroyed somebody. And this constitution frowns on that. This constitution is clear. It frowns on that. Okay.
But you see that is not all.
The whole hula ball is about the decision of the court not to grant bail because in the view of the judge if bail is granted the accused person may continue to commit the offense for which he's being tried. That's sound legal basis.
Why?
Listen.
granting of bail.
The courts are entitled to refuse bail if the accused person is considered a flight risk.
>> Yeah.
>> What does that mean? What that means is that the judge in his view and based on evidence comes to the conclusion that if you are granted bail you are likely to absone. You have not absconded yet.
You have not escaped yet. But the likelihood the likelihood of running away from the law imposes on the judge a responsibility to restrain you so that you can face the full rigor of the law. This is lawful.
I want to see one lawyer who will say that this is not lawful.
This is lawful. And yet I read the statement which was issued and the argument that the MPP is making is that oh the guy has not repeated the offense and that by by putting him in remand the judge is punishing him for an anticipated crime.
Check the law. Read the law. I didn't go to law school.
But the law is clear on this matter that if the judge believes that the crimes for which you know you are being tried will be repeated if you are if you are set free on bail, the judge in his judgment can decide to refuse bail. And there are many many instances. For example, rapist. Mhm. Uh why do you think that in some jurisdictions rapists are refused bail?
Rapists are refused bail on account of the fact that they may continue raping others and putting other people in danger.
Murderers, especially deranged murderers, are not released on bail because of the likelihood that the offense may be repeated. This is simple law. I didn't go to law school, my brother. I'm not the lawyer, but simple common sense understanding of the law makes this very clear. Unfortunately, the minority does not seem to appreciate this.
Now, for me, there are other issues.
The minority has come forward with a list of persons who were arrested because they expressed their views. And I'll choose just one on that list is Paul Adam.
Somebody should tell me what views Paul adry express for which he was arrested.
Somebody should tell me what views did Paul adumatry express for which he was arrested.
I mean you weaken your case by by cooking up scenarios.
You weaken your case. Paul Adumatri was arrested for expressing his views.
Ask Paul Adumatri himself whether he was arrested for expressing his views.
So what is this?
And the others I don't want to go. I just want to use my own good friend's case.
We know why Paul you know was investigated.
It had nothing to do with the free expression of his views and so on.
Now in this matters I think it is reckless uh I think it's absolutely reckless to do what has come to be known as equalization. It is reckless.
The fact that MP did it before does not justify it being done today. So if PP whilst in power abuse the democratic and fundamental rights of citizens, it does not justify any other government now or in future abusing the democratic rights of citizens. So equalization is not a justification for what is happening now and in fact we should not engage in equalization.
But Maro, you know, and and my brother here knows that there have been many many many many citations of persons whose rights were abused because they freely express themselves.
I'm not going to go into that, but there are many cases.
I hope that this discussion would not extend to that. But if it extends to that, I'm ready for the argument. You understand? But I'm hoping that we would not be as depraved uh as to be tempted to go into equalization because equalization really is not an important point in this matter. You understand?
>> Okay.
>> But then there's something interesting.
If you take the press freedom index right now, the international community especially reporters without borders and so on have come to the conclusion that respect for press freedom has actually advanced in the last 17 months.
So for example, we have moved from a rating of 54% 54 or so to 34 37 which is a remarkable improvement. Now are we saying that that stands for nothing?
Are we saying that that stands for nothing?
>> So those who do the rating they're wrong. Of course they are not infallible. It's a human institution.
They are not infallible. But then we need to be guided by some of these indicators. These are the only empirical indicators available to us in this discussion. Okay.
Then my brother, I heard a member of parliament >> actually said that Ghana has become a banana republic.
>> Yes, he said that.
>> Hey, banana republic.
You know what a banana republic is? A banana republic is like Haiti under papa dog.
Haiti under papa dog and baby dog.
That's a banana republic. Is that where Ghana has gotten to today?
Can you in all honesty describe today's Ghana as a banana republic?
>> But that's the person's view.
>> Yeah, no problem. It's his view.
>> But your views ought to have some grounding.
>> Well, I agree.
>> You just don't talk by heart. When you talk informed, >> it must be informed. There must be some grounding.
>> How can you describe Ghana today as a banana republic?
Even under PNBC, it was not a banana republic.
But that's the definition. Banana Republic.
Banana Republic. WHAT? Banana Republic.
Unbelievable.
But that's the definition. Okay. Now it gets worse. It gets worse.
A certain member of parliament then actually goes to the extent of questioning the credentials of a sitting judge and is beginning to wonder whether the judge passed his law school examinations.
Wow.
This is a complete indictment on the whole judiciary.
So you have judges sitting in judgment over us who could not even pass their law exams and they are still judges and the chief justice to raise that situation where unqualified persons are sitting in judgment over us. That's an indictment of the whole judicial system.
>> Well, he he wasn't making that as a as a as a statement of facts. He was just questioning. He was wondering.
>> Yeah. But is that not interesting? Yeah, he's wondering a senior advocate, a senior lawyer, >> yes, >> a member of parliament, >> can actually publicly at a press conference >> state that he's wondering whether a sitting judge passed his law exams.
>> Yes.
>> Now, if he didn't pass his law exams, how did he become the judge?
>> And so that's a serious matter. You understand? And then he goes on to say other things and actually challenges the judge to hold him for content. If you if you're a man, hold me for contempt.
Brazing acts of impedance, arrogance.
You understand? Brazing. They say those who seek equity, that's a principle in law that those who seek equity must come with clean hands. Are these hands clean?
tomorrow. They say those who seek equity ought to come with clean hands. Are these hands clean?
Are these hands clean?
>> It's a it's a rhetorical question.
>> Then >> this morning when I sat here, the clips we played.
>> Yes. Another member of parliament brazing in public view with cameras on him says that he's going to weaponize MP youth to fight tomorrow.
>> Yes sir.
>> Are you not worried?
Are you not worried?
>> Collins, please look at me. Are you not worried?
is >> that that we are publicly making declarations that we are going to weaponize your youth fight. You you're referring to Salah Mustafa statement.
Salah Mustafa is a national youth organizer of the MPP. He's not an MP.
>> Whatever it is, he's a party official.
>> Please grant me that I withdraw. He's not an MP.
>> We just he is a functional >> of the party.
>> Yes.
And he makes a public pronouncement that look we are going to weaponize our youth to fight. Colle are you comfortable with that?
Oh, call his wife. Me and you on this on this platform.
>> I will when you are done I'll make my submission and I'll >> No, but but in making your submission I Yes. I >> In making your submissions, I want to hear you loud and clear on this issue of weaponizing your young people to fight.
What does that mean?
>> I'll address that.
>> Weaponizing your young people to fight and then you turn around and say that democratic rights are being abused. What double standards and so on. Tomorrow, any day, any time, all of us, whether we are NDC, NP and so on, should stand up in defense of press freedom.
We should stand up in defense of the right of people to speak their mind.
That is the only way our society, the Ghanaian society can progress. Any system uh that cows people into silence is not a system that can facilitate and promote the development of our society.
So we should stand up vigorously and fight for freedom of expression. We should at any cost even at the peril of our lives stand for free expression.
But what I'm seeing now is not advocacy for free expression. What I'm seeing now is not advocacy for the right of citizens to speak their mind. What I'm seeing now is the right of citizens to embark upon the path of reckless absolutely reckless anarchy. And I'm worried about this situation.
>> You understand?
>> Okay. And I'm worried about this situation, >> especially as this advocacy covers people who threaten to kill the president and his wife. If you have a problem with the president, I can understand the poor wife of the president. Who who is the wife of the president in this dispensation?
I mean, Madame Ludina Mouhammad, what has she done? Does she make economic decisions? This is the one first lady who keeps to her corner.
Check all the first ladies we have had in the second republic. This is first lady who keeps to her corner. And you make a public statement that you want to kill Lordina Mama. You want to kill first of all John Mama and kill Lordina Mama. Not just kill them. Put their dead bodies in cocoa sacks and you expect us to salute you. You expect us to embrace you, to give you kisses on both cheeks and so on. What's wrong with you tomorrow? And this is being defended.
>> What? This is being defended. I can't believe it.
>> Moro, I think that the issues are very clear.
>> All right.
>> They are very so very clear. You understand? So very clear. Yeah, >> I need to take a breather because I >> and even even the attack on the sitting chief justice.
>> Yes, >> you heard the statement that no very soon he'll be 70 and that he has to take measures so that he will go on retirement with with with with with with with a dignified image.
What has he done? What has Justice Bubani done to warrant this abuse? What has he done?
He like you parliamentarians is serving his country. He's serving his country the same way that Collins is serving his country. Just baff is serving his country the same way that Afomin is serving his country. Why drag him into this? What has he done?
My goodness.
>> All right. What is he? We'll take a small just a small breather. Stay with us. It's good morning Ghana.
>> Brought in in handcuffs. No food, no water. They are sent to a court, a particular court which is court nine, a circuit court nine that has become the station for all these abuses at all point and all times material. How do you keep somebody to say that you are going to be reminded you stay in cells until the matter is determined?
It's never done. It can only happen in a kangaroo or a banana state.
Your excellency, there is no reason whatsoever for the president to be watching over this and be instructing state institutions to deal with issues like this. We have basic human rights which one includes bailable offenses that you have the right to be build. The judge in this matter is not allowing for any of this and it keeps going on. Your excellency, we decided to show a lot of difference to the diplomatic community.
So we decided to come with this respected number of men and women not to come with any form of demonstration not to trigger any form of problems and that is why we have come here as you heard my national organizer read to you the general secretary of the party and the minority leader and the president in way Dr. Mm to come and do this peaceful so far so good to my best of knowledge without any biases
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