Private legal practitioner, Martin Luther Kpebu, has put a strong defence for the persons arrested by the Ghana Police Service in the course of the anti-galamsey demonstration organised by Democracy Hub.
The lawyer says the severity of the destruction of forest reserves and pollution of water bodies warranted the action taken by the protestors to draw the attention of duty bearers to the issue.
According to him, Article 3 of the 1992 Constitution even grants an exception that the Constitution can be breached in an instance where the actions of others posses existential threat to society.
He comments stem from the citing of the road blockage by the police as part of the reasons where some of the demonstrators were arrested and detained.
He says that action was a mere “publicity stunt” by the demonstrators to get their voices heard.
Speaking on the KeyPoints on TV3 Saturday, September 28, 2024, the lawyer stated that President Akufo-Addo has been sloganeering over the fight against galamsey over the years without action.
He explains that’s the reason the protestors staged the demonstration to draw Akufo-Addo’s attention to save the country.
“From 2018, Akufo-Addo has been sloganeering. ‘I’m prepared to put my presidency on the line’ and not doing much, adding operation GALAMSTOP and nothing happens. So these people say ‘let’s do something different’,” he said.
He explained further that “when it comes to jurisprudence, there is positive defiance. You think it’s every time that the laws would be obeyed? Even in the Constitution it says when you see somebody doing a coup d’etat, you too take arm if you can counter the coup d’etat, it’s not an offence. Check Article 3, so these are political prisoners. They have not committed any offence.”
Meanwhile, Article 3 clause 3 of the 1992 Constitution states as follows:
(3) Any person who—
(a) by himself or in concert with others by any violent or other unlawful means, suspends or overthrows or abrogates this Constitution or any part of it, or attempts to do any such act; or
(b) aids and abets in any manner any person referred to in paragraph (a) of this clause;
commits the offence of high treason and shall, upon conviction, be sentenced to suffer death.
(4) All citizens of Ghana shall have the right and duty at all times –
(a) to defend this Constitution, and in particular, to resist any person or group of persons seeking to commit any of the acts referred to in clause (3) of this article; and
(b) to do all in their power to restore this Constitution after it has been suspended, overthrown, or abrogated as referred to in clause (3) of this article.
(5) Any person or group of persons who suppresses or resists the suspension, overthrow or abrogation of this Constitution as referred to in clause (3) of this article, commits no offence.
(6) Where a person referred to in clause (5) of this article is punished for any act done under that clause, the punishment shall, on the restoration of this Constitution, be taken to be void from the time it was imposed and he shall, from that time, be taken to be absolved from all liabilities arising out of the punishment.
Democracy Hub protestors wouldn’t have been arrested in any serious country – Kpebu
An Accra Circuit Court remanded leading members of Democracy Hub, Oliver Barker-Vormawor, Felicity Nelson and 11 others into Police custody for two weeks.
Lawyers of the protesters had applied for a bail after they pleaded not guilty. Aside Oliver Barker Vormawor who was charged with 8 counts of offenses including, offensive conduct to the breach of peace and stealing, the remaining 12 were charged with 6 offenses.
The Judge handing the matter, Kwabena Obiri Yeboah ordered the Police to cater for the feeding of the protesters after reports that they had been starved for about 3 days.
After missing his first arraignment on day 1 due to health reasons, Oliver Barker-Vormawor was escorted to the circuit court limping and frail.
Fanny Otoo was however unable to make it to the cour Oliver’s lawyer, Dr Justice Srem Sai argued in court that the Police had neglected his client and denied him prompt medical care until he collapsed while in custody.
Meanwhile, the Police have denied reports of using force against anyone during the Democracy Hub demonstration last weekend despite provocations.
Following the violence that characterized the protest, the Police said that 54 persons were arrested and all of them have been put before the court in line with the due process of the law.
