Private legal practitioner, Bobby Banson has said the Ghana Police Service may be right in the defacement of public property charges against the Democracy Hub protestors.
Mr Banson has admitted that no law bars citizens from demonstrations.
However, actions of citizens during a protest according to him may defy sections of the Public Order Act and Criminal Code.
“We sometimes need to be plain and blunt. The right of citizens to demonstrate is indeed inherent but the law guides our actions and because Ghana is not for one person, there are guidelines for demonstration.
“The police have the responsibility when they are notified and the demonstrators also have a responsibility once there is an agreement. The police will outline due procedures and if the protestors are not satisfied, they can go to court but you can’t defy the Police order because you become what you most despise,” he stated.
39 individuals who joined the #ReOccupyJulorbi House and #StopGalamseyNow demonstration were remanded after being arraigned before an Accra Circuit Court on Tuesday.
All accused individuals face multiple charges, including conspiracy to commit a crime (specifically unlawful assembly), unlawful assembly, causing unlawful damage, offensive conduct conducive to a breach of peace, assault on a public officer, and defacement of public property.
But lawyers of the protestors have condemned the charges, stating that it is particularly unfair to label the protestors’ actions as unlawful assembly.
However, Mr Banson on Asempa FM Ekosii Sen programme Wednesday noted that, some of the protestors were out of order with their decision to burn political party flags which he described as public property.
“In some of the videos, some protesters destroyed public property; which are the flags of the political parties. There are provisions in the criminal code that criminalises the destruction of public property.
“The Police cannot say they notified us about a demonstration and has destroyed public property so should be left to go; when it happens like that, the police themselves have flouted the law,” he stated.
He added that, the issues must be discussed devoid of partisanship and emotions.
Meanwhile, the case has been adjourned until October 8, 2024.
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