The recent arrest, detention, and remanding of protestors during an anti-galamsey protest have sparked widespread public outrage, drawing harsh criticism over what many describe as an abuse of power and violation of constitutional rights.
Since the controversial incident, there has been a groundswell of public agitation, demanding the immediate release of the detained individuals.
In response, a protest dubbed #FreeTheCitizens has been scheduled to take place from October 3rd to 5th, 2024, with its primary aim being to pressure the government to release these citizens and uphold justice.
In a case that has stirred both outrage and critical scrutiny, the decision of a judge to hand down a uniform 14-day remand to 53 individuals, each with diverse backgrounds and varying misdemeanour charges, has raised fundamental questions about the integrity of Ghana’s judicial process.
This situation reflects broader concerns about the protection of constitutional rights, judicial independence, and whether justice is being served based on the merits of each case.
According to Professor Stephen Kweku Asare, a Democracy and Development Fellow in Public Law and Justice at CDD-Ghana, and an outspoken constitutional activist, this blanket approach to remand decisions represents a serious flaw in the judicial process.
By imposing identical sentences without adequately considering the specific details of each individual’s case, Prof. Asare pointed out that the judicial system risks undermining one of the core tenets of justice: that each person must be judged according to their unique circumstances and the charges they face.
Professor Asare underscored the troubling implications of this case, where expedience seems to have taken precedence over due process.
“The uniformity of the sentence, despite differences in charges and circumstances, suggests due process may have been overlooked in favour of expedience. Were the details of each case truly considered, or was this a blanket decision?”
Professor Stephen Kweku Asare, CDD-Ghana D&D Fellow in Public Law and Justice
In the legal scholar’s view, this kind of judicial behaviour is dangerous because it strips away the individualization that is crucial to fair trials and due process, asserting that justice is not a conveyor belt system; it requires attention to the particulars of each case.
He emphasized that the decision to treat these 53 individuals as though they were interchangeable flies in the face of that principle, inviting questions about the integrity of the judicial system.
The Violation of Constitutional Safeguards
The renowned legal scholar, in addition, expressed deep concerns over the unlawful detention of two of the suspects beyond the constitutionally mandated 48-hour limit.
Despite the police-initiated investigation, he argued that the Ghanaian Constitution clearly states that no individual should be held for more than 48 hours without being brought before a court.
Professor Asare expressed grave disappointment that this critical rights violation did not have any bearing on the judge’s decision to remand all 53 individuals, including those whose rights had already been trampled upon.
Professor Asare argued that the disregard for this constitutional safeguard is alarming, asserting that the 48-hour rule exists as a fundamental protection against arbitrary detention, and its violation should have been enough to prompt the immediate release of the affected individuals.
Instead, the judge’s decision to remand them in the view of Professor Asare further only deepens concerns that due process and constitutional rights are being overlooked.
“Adding to the troubling nature of these events is the alleged arrest of a man for simply bringing food to one of the detained individuals. This weak rationale for detention raises broader concerns about police overreach and citizens’ rights being unnecessarily infringed upon”.
Professor Stephen Kweku Asare, CDD-Ghana D&D Fellow in Public Law and Justice
Professor Asare was unequivocal in his criticism of this pattern, fuming that these incidents — uniform remand decisions, rights violations, and questionable arrests — suggest a troubling erosion of fairness and justice in the country’s judicial process.
He strongly posited that when constitutional safeguards are ignored and citizens are arrested for reasons that fail to meet even the most basic standards of legality, it raises serious questions about the balance of power between law enforcement and the rights of individuals.
“In a system that should carefully weigh each case, this identical treatment of 53 individuals invites scrutiny into whether justice has truly been served”.
Professor Stephen Kweku Asare, CDD-Ghana D&D Fellow in Public Law and Justice
Collective Punishment, Quilty by Association
Professor Asare expressed deep concerns that this case represents a disturbing shift toward collective punishment, where individuals are treated as guilty by association, rather than being judged on the basis of their own actions.
Speaking on behalf of his group called “GOGO”, Professor Asare emphatically rejected the justification that because some protesters may have engaged in misconduct, the rule of law should be set aside for all.
“Misconduct by a few does not give license to abandon legal safeguards or treat every individual as guilty by association,” said Professor Asare.
He emphasized that the integrity of the judicial process must be preserved, even in challenging circumstances, asserting that expedience cannot be an excuse for abandoning the core values of justice.
In an era where the protection of constitutional rights should be paramount, the events surrounding the arrest and detention of these anti-galamsey protestors serve as a stark reminder of the dangers of unchecked authority and the need for a judicial system that prioritizes fairness and justice above all else.
As Professor Asare asserted, “Justice must be based on individual actions, not collective punishment or arbitrary decisions“, this case, if not addressed properly, risks setting a dangerous precedent where the rights of individuals are routinely trampled upon in the name of expedience.
In calling for the release of the #Big53, he reminded all that the protection of constitutional rights and the integrity of the judicial process must never be compromised, no matter the circumstances.
