KEY POINTS
- Over 40 protesters from the Democracy Hub-led demonstration are facing trial.
- LINSOD accuses the government of using the courts to suppress protests.
- LINSOD warns that harsh treatment of demonstrators could spark a citizen uprising.
Over 40 protesters are facing trial following the protest led by Democracy Hub.
The government is behind the circuit court’s refusal to grant bail to some Democracy Hub leaders and other protesters arrested by police on various charges, including conspiracy to commit a crime, unlawful assembly, and causing unlawful damage, Lawyers In Search of Democracy (LINSOD) alleged.
The group’s leader, Oliver Barker-Vormawor was captured in a viral video turning off the ignition of a police vehicle and bolting with the car key.
In a statement, LINSOD said, “The refusal of bail to the demonstrators, who, whether or not they caused some minor destruction to public property, and remanding them to reappear in court after two weeks is unusual and obviously not normal.”
“It is reminiscent of regimes of brutal dictatorships and authoritarian rule, which we thought we had moved away from since 1992 when the Fourth Republic was ushered in,” the statement, co-signed by President Eric Delanyo Alifo and Secretary Theophilus Dzimega Jr., said.
LINSOD further stated that the courts, in normal democratic times, should not subject demonstrators to such rulings, adding that they believe the ruling New Patriotic Party (NPP) government is behind the treatment of the protesters.
The group criticized the court’s decision to remand the suspects for two weeks without access to family or lawyers, noting that the courts should be upholding the rule of law. They also highlighted the Attorney General’s involvement, which they claim suggests the government’s role in the demonstrators’ treatment.
According to a report by Ghana Web, LINSOD expressed concern over the courts’ siding with the government, stating the demonstrators were peacefully protesting the “galamsey” (illegal mining) crisis.
“As lawyers, we know that continuous detention before trial punishes suspects before they are convicted,” the group said, emphasizing that bail should only be denied if there is reasonable concern the suspects will not appear in court or interfere with investigations. LINSOD noted that some of the detained protesters include pregnant women, children, and individuals with health conditions.
The group emphasized that in proper democracies, demonstrators who have not committed serious crimes are not held for more than 48 hours. They compared the current situation to despotic regimes and warned that suppressing demonstrations could backfire.
Legal concerns and warnings of escalation
The arrest and remand of the “Stop Galamsey” protesters are intended to stifle free assembly and speech, LINSOD claimed, accusing the Akufo-Addo government of trying to instill fear ahead of an election year. The group argued that the courts should protect demonstrators from government overreach and criticized the refusal of bail.
LINSOD warned that Ghana’s government has not learned from uprisings in neighboring countries, where protests escalate when demonstrators are harshly treated. They cautioned that resistance will grow if the authorities continue to use heavy-handed tactics.
“To avoid escalation, LINSOD calls on the Ghana Bar Association and other civil society organizations to join in demanding the immediate release of the demonstrators,” the group concluded.
