The Member of Parliament for Madina and human rights Lawyer Francis-Xavier Sosu Esq., has taken legal action against the Inspector General of Police (IGP) and the Attorney General (AG) on behalf of 32 protesters, alleging violations of their constitutional rights.
The protesters, including notable figures such as Oliver Mawuse Barker-Vormawor, Elorm Ababio (popularly known as Ama Governor), and Ralph Williams, were arrested during a recent demonstration.
The lawsuit challenges the arrest, detention, and refusal of bail granted to the protesters. Hon. Sosu argued that these actions constitute a gross infringement on their rights to liberty, security, and the freedom to protest.
Hon. Sosu outlined the unlawful conduct of the police during the protest, emphasizing that the police disrupted the event without a valid reason and proceeded to arrest protesters indiscriminately.
He contended that the police acted outside the law, detaining peaceful demonstrators and denying them their rights as citizens.
Police Disruption and Unlawful Arrests
Hon. Sosu criticized the police’s handling of the demonstration, asserting that their actions were unjustified and illegal.
“It was the police who first disrupted the protest… If you are in a protest and you see an isolated incident happening, you don’t use the isolated incident as a basis [for] disrupting the entire protest and arresting people who perhaps are just standing by as bystanders and protesting without actually doing anything that you may allege to be a crime.”
Francis-Xavier Sosu Esq. Member of Parliament for Madina and human rights Lawyer
The MP argued that how the police conducted the arrests was arbitrary and violated the protesters’ constitutional rights.
“There are clear laws that govern arrest. When the person has not committed any offense and the person is just part of a protest, you would need to tell the person the reason for the arrest. Most of these protesters were never told any reason for being arrested.”
Francis-Xavier Sosu Esq. Member of Parliament for Madina and human rights Lawyer
Hon. Sosu’s lawsuit rests on the claim that the rights of the protesters were violated under Article 14 of the 1992 Constitution, which guarantees personal liberty and protection from unlawful and arbitrary arrest and detention.
He argued that the police failed to uphold the constitutional rights of the protesters during and after their arrest, further accusing the AG and the police of unjustly prolonging their detention.
Despite this, the court handling the case sided with the police and remanded the protesters into custody, a decision Sosu heavily criticized. He expressed concerns about the role of the judiciary and the wider criminal justice system, which he believes has shown bias in its treatment of the protesters.
Court’s Role in Upholding Justice
Hon. Sosu also addressed the role of the courts in this issue, arguing that the judiciary failed in its mandate to uphold justice by granting bail to the protesters. He expressed disappointment that the court remanded the demonstrators despite the minor nature of their alleged offenses.
“Instead of us interrogating the root causes of this protest, today you and I are talking about the rightfulness or otherwise of arrest. That is quite a shame, where all of us are facing an existential threat, where the conduct of state officials are endangering all of us and violating inter-generational etiquette rights and People. I mean, concerned Ghanaians get out to protest in respect of those things, you bundle all of them together because you allege that some protesters were engaged in some unlawful activities.”
Francis-Xavier Sosu Esq. Member of Parliament for Madina and human rights Lawyer
He further criticized the court’s decision to deny bail to the protesters, noting that their offenses were classified as misdemeanors, not felonies and that denying them bail was an abuse of the justice system.
Hon. Sosu argued that the state officials involved, including the police and the judiciary, were working in concert to suppress public dissent.
“It’s quite unfortunate, and I am really saddened how even the court, on the face of clear misdemeanors, would remand these protesters. We’ve seen cases in this country of people who walked into court and freed people who are being held by the court, those people were never people who were remanded into prison and police custody. So, what’s happening in this country? Why are we turning the country into a banana republic?”
Francis-Xavier Sosu Esq. Member of Parliament for Madina and human rights Lawyer
Predetermined Judgments and Bias
He argued that how the Court handled the case had a predetermined mindset in adjudicating the case, and that was evident in how the demonstrators were treated, from their arrest to their time in court.
“It is a complete disgrace for all of us and to the nation for us to see people who are fighting for portable water, people who are fighting against environmental degradation, treated as hardened criminals and denied bail in manners like this.”
Francis-Xavier Sosu Esq. Member of Parliament for Madina and human rights Lawyer
He called for transparency and fairness in the criminal justice system, warning that the actions taken against the protesters set a dangerous precedent for civil rights in the country. Hon. Sosu maintained that the state’s response to the protests was aimed at intimidating citizens and discouraging future demonstrations.
“It’s a deliberate attempt to break the protest so nobody will ever want to protest again. So, everybody should go and sit down… Let everybody die, let us all burn, and let us all burn in hell. That is exactly what they’re doing.”
Francis-Xavier Sosu Esq. Member of Parliament for Madina and human rights Lawyer
As the case moves forward, Hon. Sosu continues to challenge the legality of the actions taken by the police and the AG, seeking justice for the 32 protesters.
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