By Kofi Akordor
In the heady days of the 31st December Revolution, the Mother of all Revolutions, people literally went and placed themselves in custody without knowing who invited them. That was when they heard their names mentioned on the radio to report at Gondar Barracks or at the PNDC Information Room near the 37 Military Hospital.
A man recounted his experience of how he responded to such an invitation and reported himself at the PNDC Information Room. The officer at the counter himself was surprised to see him, since so far as he was concerned, he did not know who was responsible for the announcement. All the same in line with the dictates of the day, he was detained for a few days but since no one was coming forward to make any case against him, he was quietly asked to go home. His was a few of the rare cases when people regained their freedom without swollen jaws and broken bones.
Many others were not so lucky. By mere radio announcement, people suffered long-term detention and even imprisonment. Others had to pay the supreme price with their lives even though nothing could be found in the record books as to their crime and which court of competent jurisdiction pronounced sentence after due process of the law.
The 31st December Revolution, for whatever good it has brought to the country, has left deep scars that are taking many years to heal. It also represents the damage all forms of dictatorships, be they civilian or military, have done to the conscience of this country. It, therefore, became no strange matter that after considering all options, the people of this country voted in a referendum in 1992, to operate a constitution, now known as the 1992 Constitution.
We have come a long way. With all its imperfections, the 1992 Constitution has kept this nation together. It can also be argued that the few strides we have been able to make in national development after the Nkrumah era came mainly after the 1992 Constitution came into operation, because we have had governments that were, are, and will be, answerable to the people.
As a nation and as individuals, we have seen the magic of constitutional government work. In 2000, Ghanaians took a decision to sever bonds with a government that had been in power for eight years. Already, that government had roots going back more than 10 years.
Significantly, in 2008, the same Ghanaians decided that whether the 2000 verdict was a wise gamble or not, it was time they redirected their destiny and put it in the hands of fresh people. For this, Ghana won and continues to win respect among the international community. President Barack Obama did not hide this fact when he made it clear that his choice of Ghana on his first major trip to Africa was to give recognition to her democratic credentials.
Apart from addressing the Muslim world from Cairo, the capital of Egypt, earlier in June, 2009, President Obama arrived in Accra on the night of Friday, July 10, 2009, with his wife Michelle and two daughters, Malia and Shasha. The following day, he had a breakfast meeting with the President of Ghana, Prof. John Evans Atta Mills, his ministers, members of the diplomatic corps and a cross-section of the public. He then visited the La General Hospital in Accra, addressed Ghana’s Parliament where he made a monumental statement on democracy in Africa and visited the historic Cape Coast Castle.
The Ghana visit, though relatively short, was the longest time President Obama has spent on the continent after his inauguration as the 44th President of the United States of America. Though intangible, it is one of the fruits our democratic governance is bearing and we need to be proud of it.
As a nation, we are benefiting from the knowledge that governments cannot take us for granted and they will be deluding themselves into thinking they can make wild promises on political platforms and go to bed after they get our nod.
As individuals, we are constantly testing the strength of the 1992 Constitution insofar as the protection of our individual rights and freedoms are concerned. Recently, the state security agency, the Bureau of National Investigations (BNI), was brought down to its knees through judicial process when its decision to seize passports of persons under investigation was overruled.
In another landmark decision, the Human Rights Division of the High Court in Accra ruled that the BNI cannot invite any citizen for interrogation, detention or ‘friendly chat’ without allowing the person access to counsel as prescribed in the 1992 Constitution.
Mr Justice U.P. Dery in his judgement made reference to Article 14 (2) of the 1992 Constitution which says: “A person who is arrested, restricted or detained shall be informed immediately; in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice.”
There is no need to make political gain out of this judgement. It is not a victory for any individual or political entity. It is victory for our democracy and rule of law which we have committed ourselves to.
It is also not necessary to criminalise or demonise the work of the BNI and for that matter any state institution. It is on record that governments in the past have ignored such rulings from the courts and the Commission on Human Rights and Administrative Justice (CHRAJ). It is, therefore, important that as individuals and as a people, we continue to test the frontiers of the law and see the Constitution as the ultimate refuge in all legal and constitutional matters.
It is good we also remember that the Constitution does not only provide guarantees for rights and freedoms. The Constitution also places some responsibilities on all of us as citizens. That is why there are sanctions or penalties to pay if the interest and security of the state are undermined or placed in jeopardy by any citizen.
The court rulings should also serve as a wake-up call for state institutions to get their act together and make sure the right things are done. The era of impunity is gone. Nobody will walk him/herself into custody by a mere radio announcement or a phone call.
If state institutions fail to do the right thing, it is not only the individual who suffers but the state as well.
State institutions especially the security apparatus have enormous powers under which they can operate effectively to enforce law and order and to safeguard the security of the state. These powers are not even curtailed but merely controlled and regulated to avoid abuse and arbitrariness.
In order not to leave any false impressions in the minds of the people, it is very important we play the game according to the rules so that no room is left for anybody to claim undeserved victories.
fokofi@yahoo.co.uk
kofiakordor.blogpost.com
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