Protestors who exceed limits of free expression face the rigours of the law – Godfred Dame

The Attorney-General, Godfred Yeboah Dame, has lamented the frequent protests being carried out as the country gears up to go to the polls.

Describing the demonstrations as “drumbeats of violence, mayhem, incitement to violence and civil disobedience,” Godfred Dame indicated that there are attempts to create tension ahead of the elections and instill fear into people.

He indicated that persons responsible for the attacks on the security forces and disruption of essential public services during protests must face the rigours of the law irrespective of the motives of the demonstrations.

Citing examples from other jurisdictions, the Attorney-General indicated that lawlessness will not be countenanced through demonstrations.

“Respectfully, an unhealthy cycle in the life of the nation is occurring again. The drumbeats of violence, mayhem, incitement to violence and civil disobedience are being beaten and indeed, have gone a notch higher. There are attempts to create tension ahead of the elections and instill fear into people through demonstrations which, in some cases, are a ruse for mounting an attack on the security forces of our nation and disrupting the running of essential public services.

This, with the greatest respect, is not countenanced in any democracy. In any advanced democracy, when protestors exceed the limits of free expression and show disregard to their communities and the safety of their own lives and that of other members of the community (irrespective of the motives for the protests embarked on), they face the rigours of the law,” Mr Dame stated at the Annual General Meeting of the Judicial Service on October 2.

According to him, “In this regard, this year on 18th July 2024, in the United Kingdom, five supporters of an activity described as the “Just Stop Oil” climate campaign, a demonstration against the geophysical and climate hazards of the oil trade, who conspired to cause a gridlock on London’s motorway were sentenced to lengthy jail terms by the Southwark Crown Court presided over by Justice Christopher Hehir. In the words of the learned judge, the protestors had “crossed the line from concerned campaigner to fanatic”. After having been found guilty of conspiracy to cause a public nuisance, the leader of the demonstration received a five-year sentence, while the other four were each sentenced to four years.”

The Attorney-General further stated that, “in the same United Kingdom, between 30th July 2024 and 9th August 2024, far-right and anti-immigration riots occurred in England and Northern Ireland following a mass stabbing incident at Southport in which three children were killed. The riots were fueled by false claims circulated by some far-right groups that the perpetrator of the attack was a Muslim and an asylum seeker.

A demonstration in protest at the incident turned violent with protesters attacking police officers and committing other acts of violence. Following the new Prime Minister, Keir Stammer’s assurance on 4th August 2024, that the protestors “will feel the full force of the law” and that they “will regret taking part in this, whether directly, or those whipping up this action online and then running away themselves”, prosecution of the protestors was mounted. Over a hundred convictions were made by the courts.”

Mr Dame shared details of some of the convictions, “On 7th August, three persons were sentenced to periods of between 20 months and three years in prison. On 9th August, a 28-year-old man received 20 months in prison for stirring up racial hatred online during the riots, after making a Facebook post stating that people should “smash the fuck” out of a hotel used by the government to house asylum seekers awaiting processing. A 34-year-old woman was also sent to prison for 20 months after pushing a burning refuse bin towards police officers. On 12 August, two 12-year-old boys were among those convicted, becoming the youngest people to be convicted following their involvement in the disorder.”

“A 35-year-old man was sentenced to three years for posting false information about the identity of the original Southport stabber and praising rioters on his X account which had many followers at the time of his arrest. On 18 September, a 25-year-old man from Birmingham was sentenced to two years and four months in prison, having pleaded guilty to distributing false materials and information.”

“Another renowned democracy, the United States of America, has also had opportunity to stamp its disapproval of protestors who utilise free expression as an unlawful tool for causing mayhem and interference with other members of the public and security forces.

“Thus, in August 2023, an anti-abortion activist, who blocked access to a clinic in Washington DC and livestreamed the blockade on Facebook, was sentenced to nearly five years in prison.

“In Portland, Oregon, an Indiana man was sentenced to 10 years in federal prison and three years’ supervised release for repeatedly and intentionally jeopardising the lives of police officers, destroying public property, and encouraging others to commit violence during protests that occurred in Portland in 2020.

“Just last week, on 24th September 2024, the US Department of Justice announced that more than 300 individuals in 29 states and Washington, D.C., have been charged for crimes committed adjacent to or under the guise of peaceful demonstrations since May 2024,” Mr Yeboah Dame explained.

“Respectfully, the lesson to be drawn from the treatment of unlawful or violent expression of free speech in the United States and the United Kingdom is that the legitimacy of the declared object of specific protests does not matter.

“Whilst acknowledging the legitimacy of concerns which motivate some protests, the State must deplore and in fact, prosecute acts of protestors which threaten the running of essential services, infringe on the right to free movement of others or attack the safety of security forces because such acts endanger the entire society and have a real tendency to destroy the peace of the nation ahead of the upcoming elections. I can therefore understand it when the Judiciary supports the work of law enforcement officers by dealing firmly and in accordance with law, with all acts of violence and lawlessness especially as we go into Election 2024. We cannot take the progress Ghana has made in establishing democracy as a way of life for granted,” he added.

Source:onuaonline.com