In a ruling by an Accra High Court presided over by Justice Comfort Tasiame, prominent activist and Democracy Hub convener, Osagyefo Mawuse Oliver Barker-Vormawor, was once again denied bail following his arrest during a recent protest against illegal mining, commonly known as galamsey.
During the court proceedings, Justice Tasiame cited ongoing investigations and concerns about the potential for public unrest if Barker-Vormawor is released.
The judge pointed out that the activist is already facing treason charges from a separate legal matter, raising fears that he might commit further offences if granted bail.
In her ruling, Justice Tasiame emphasized the importance of maintaining public order, especially during periods of heightened political activism, stating:
“Given the current treason charges against Mr Barker-Vormawor and the ongoing investigations into his involvement in the protest, there is no guarantee that he will not re-offend. The risk of public unrest remains a concern.”
Justice Comfort Tasiame, High Court Judge
Arguments from the Defence
This decision sparked reactions from his legal team, who argued that their client’s rights had been infringed upon.
They asserted that his involvement in the protest was peaceful, and aimed at raising awareness about the environmental consequences of galamsey rather than inciting violence or causing disorder.
Barker-Vormawor’s legal representatives passionately argued that his continued detention is a violation of his constitutional rights, particularly his right to freedom of expression and peaceful assembly, as enshrined in Ghana’s Constitution.
They underscored that the anti-galamsey protest was non-violent, focused on the public interest, and should be recognized as an effort to protect Ghana’s natural resources.
They reiterated that freedom of speech and assembly are fundamental democratic rights, particularly when the cause being advocated concerns the long-term well-being of the environment and future generations.
Despite these arguments, the court remained unmoved, highlighting the importance of upholding law and order, particularly in situations where public demonstrations could spiral into civil unrest.
In her closing remarks, Justice Tasiame acknowledged the legitimate concerns raised by the protestors regarding the environmental threat posed by galamsey but reiterated the need for adherence to the law.
Other Protesters Granted Bail
While Osagyefo Mawuse Oliver Barker-Vormawor was denied bail, the court granted bail to Felicity Nelson, another protester, setting the amount at GH¢20,000 with two sureties.
Additionally, the court granted bail to lawyer and activist Ama Governor, along with eight other protesters, including Emmanuel Gyan, Emmanuel Kwabena Addo, Ziblim Yakubu, Oheneba Prempeh, Philip Owusu Kwabena, Akisibik Desmond, Von Coffie, and Sadik Yakubu.
Their bail was set at GH¢70,000 with two sureties each. The court mandated that these individuals report to the police once a week as part of the bail conditions, reinforcing the need for continued oversight while investigations are underway.
Osagyefo Mawuse Oliver Barker-Vormawor, who has been a vocal critic of illegal mining and its devastating impact on water bodies and forests, was arrested alongside other 53 protesters during a peaceful march.
According to police reports, Oliver Barker-Vormawor was detained for allegedly engaging in “illegal activities” during the protest, though the specific details of his supposed misconduct are still under investigation.
Notably, one incident captured during the demonstration showed Barker-Vormawor removing the keys from a police van, an act that authorities cited as part of the reason for his arrest.
The anti-galamsey protests and the subsequent arrest, detention and remand of about 53 protestors have drawn significant public attention, with some concerned Ghanaian youth staging a three-day protest dubbed #FreeTheCitizens demanding their release.
Several well-meaning Ghanaians have also expressed their frustration with the government’s inability to effectively combat illegal mining operations that continue to devastate rivers, forests, and farmlands.
Demonstrators, including Osagyefo Oliver Barker-Vormawor and his fellow activists, argue that illegal mining has not only destroyed ecosystems but also threatened the livelihoods of communities that depend on these natural resources.
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