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Opinions of Wednesday, 24 February 2010

Columnist: Gbagbladza, Fela

NPP Hypocrisy and the Right to Freedom of Speech in Ghana

It is rather unfortunate and deeply saddening to watch how the NPP minority has intentionally blown out of proportion the arrest and pending trial of Nana Darkwa Baafi over his RECKLESS, IRRESPONSIBLE, LIABLE, SPECIFIC, CATEGORICAL, and INCRIMINATING statement that JJ Rawlings is the arsonist in the fire that gutted his home.

Instead of the NPP disassociating herself from this disgraceful incident and cautioning their sympathizers to exercise their freedom of speech judiciously, they have rather gone on a reckless joy-ride to make admittedly make a political capital of it.

This is a case so analogous to a situation whereby a person is found dead or has been murdered, and one person claims that a particular person is responsible for the murder, and he has evidence to support his claim or accusation if challenged by that particular person (in the court of law).

Now, this self-assured accuser has been challenge before a court of competent jurisdiction, subsequently found himself in offense of the laws of the land, --whereby he might have pleaded guilty or not guilty (a fact omitted from the press) --and shortly finds himself in remand of police custody (without bail); and all of a sudden, cries and wails of his right to freedom of speech being trampled upon.

What does it mean to “remand” someone in the court of law?

Remand (vb): 1. (Law) the sending of a prisoner or accused person back into custody (or sometimes admitting him to bail) to await trial or continuation of his trial [Collins English Dict.] Perhaps the deliberately slick and distorted reportage of this case in the Ghanaian media must be call to question as it has done a lot to somewhat misinform and alarm the general public. Thanks to the NPP opposition’s stronghold and penetration of the media, most media houses often spare no chance to malign the President John Evan Atta Mills and the ruling National Democratic Congress.

The government and the ruling party helplessly find themselves on the defense – even on issues that are nonstarters to begin with –all under this misconstrued notion and out-of-place exhibition of “democracy” or freedom of speech. The was reported in a manner such that it created the impression that as though NDC is back in power in less than a year, and a young man accused/criticize its founder and “spiritual leader “, JJ Rawlings and within a matter of hours, the radio station was besieged by a battalion of police and arrested the young man, and within hours he has been arraigned before a court and thrown in [Nsawam] prison for two weeks (sharp-sharp): a frightful reminder of vivid and morbid tales that the NPP has long propagated of P/NDC’s tendency to give “designer hair-cut” and trips to the Gonja barracks to its adversaries/critics; Not to mention their sensational propaganda in all three previous elections (2000, 2004, 2008) that “A vote for Mills, is a vote for JJ.” My gosh, if they only knew how much of an outsider JJ Rawlings is in the Mills Administration!

It is quite interesting how officeholders of the past regime, who are currently facing trial to account for their stewardship, are accorded massive jubilation and given exclusive front page coverage, and covered with white powder all in celebration of the smallest thing as being granted “bail”. It boggles my mind! Their favorable days in court receive priority in headlines of radio and television, as well as, front pages of the print media and internet webpages, while unfavorable rulings are purposefully and generally blacked out: thereby painting the government as weak, toothless, and incompetent, but the opposition as strong and vibrant. For example, when the courts, in the case of Asamoah-Boateng vs. the State, ruled that the BNI has no right to confiscate a citizens passport, this news was met with ecstatic jubilation, by the minority and media, with the story running for days on end; however, when the same court, within minutes after the case was called, chastised Asamoah Boateng for attempting to run away to avoid a pending trial and then confiscated the same passport, and summoned him and his wife to appear before the court once every week, very little coverage was given to that news. Hmmm, Ghana for you o….

Not to the digress, the NPP is sadly and blindly making a political capital out of a misfortune that could possibly leave this young man helpless before the law courts for his wrongdoing; and much as they would try, abandon this young man at the end of the day as the case is only beginning.

This Nana Darkwa case would prove to be a pivotal case of epic proportion as it would go a long way, a quite necessarily, to educate all Ghanaians the difference between what is freedom of speech and libelous statements, prosecution and persecution, rule of law and the misuse of the law or arbitrary power. From the foregoing, I pray the NPP opposition brace themselves for what could prove to be long fight, or advise themselves over their ill-conceived boycott of parliament.

It is quite obvious that the New Patriotic Party is still experiencing both the psychological and political aftershocks of the unsuspected and incomprehensible loss of the 2008 general election that saw their candidate that they declared the “winner” lose to the candidate that branded as weak, sick, down and out, emerge as the winner. And with an expedited, several postponed and still unpredictable congress just weeks ahead, there couldn’t have been a better reason to capitalize on this debacle that would purposefully serve as a campaigning tool for both the attention seeking and re-election-seeking officeholders to make their impressions once more (need I mention --for free). To add to that, as a party without a clear and definitive leader, let alone a leadership organ, these are the prime times when accidental heroes are born (Kyei-Mensah-Bonsu and Nana Darkwa), non-performing officials (Nana Ohene-Nto and MacManu) can hug the free media airwaves to revive their long-lost-presence; and quite laughably, this opportunity serves as fertile grounds where false egos are best inflated or put on display. It is quite strange how the actual lawyers of Nana Darkwa (Mr. Akuffo and Mike Oquaye Jr.) are relegated to the back while the “who-is-who” of the NPP have darn themselves in their best of grieving traditional attires and taken center stage –in full campaign mode, might I add.

In other words, while the rather cautious attorneys for the defense is diligent and pleading for mercy, these capricious and too-known NPP bigwigs are jumping from radio station to radio station, TV station to TV station, all in quest for what only they know best.

Times couldn’t have been better for the minority. Even if it wasn’t, they are determined to make it a blessing in disguise. May God help them!

For the record, the NPP is quick to take credit for Freedom of Speech and other tenets of democracy in Ghana forgetting that long before January 2001, when the NPP came to power, such freedoms were long granted and guaranteed by the 1992 Constitution of the Republic of Ghana which was through the laudable efforts of PNDC, as led by Head of State, Flt Lt. JJ Rawlings, and executed throughout the first and second administrations, as led by none other than -- yes, you’ve guess right --the former President JJ Rawlings who hand over to J A Kuffour in one of Africa’s most commended democratic elections.

That was the era that gave birth to the establishment of a plethora of private radio stations and television station, as well as the print media: more of which the NPP was a beneficiary of( than the NDC), but now unashamedly claim to be the pioneers and grantor of such notable achievements.

HOW NPP TRAMPLED ON GHANAIANS’ FREEDOMS OF SPEECH AND EXPRESSION

In the past eight years of the Kuffour regime, there were several counts of journalists, and citizens alike, being brutalized and victimized for simply criticizing the then government. In most cases, journalists and critics beaten mercilessly, and best that the emasculated state police could do to help was to give a form to go to the hospital for medical treatment, even if that.

1. From 2001 to 2008, on countless occasions, Radio Gold, a liberal FM station in Accra, perhaps the only one that dared and still standing, was stormed by NPP security apparatchiks and journalists were mercilessly beaten for making unfavorable statements against the then ruling NPP govt. Not so bad if compared to the fate of Melody Fm station in Tema , noted for criticizing the rampant corruption in the Kuffour government, finds itself gutted with fire.

2. Some four Journalists were locked up in small cell in President Kuffour's private residence for more than 8 hours just for stepping in the vicinity to carry out their responsibilities as the fourth branch of government (at least, so they thought).

3. As of March 2009, a Radio Gold reporter, Ignatius Annor, was beaten the crap out of by Kuffour's security men for daring to come close to the former president's house to cover a story in conjunction with NADMO regarding constructions in designated flood zone.

4. At the NPP congress in 2007, in the Afoko and Lord Commey debacle, journalists were beaten up and their cameras and tape recorders confiscated, for covering a fight that broke out over electoral fraud at the congress that saw Nana Akuffo Addo controversially emerge as winner without a clear majority of the vote count.

5. Sometime in 2006/7, when Ace Journalist Kwesi Pratt, Jr. organized some journalists and photographers to snap a picture of then President Kuffour's $8 million “Hotel de Waa Waa” (which would now appraise for some $35 million, easily), they were met with security men and macho men affiliated with the NPP govt., who brutalized them and broke their cameras.

6. Even as late as about three weeks ago, Nana Akuffo Addo's bodyguards descended on the NPP headquaters at Asylum Down and, again, mercilessly beat up some young men for daring to criticize their beloved boss, Nana "the winner" Akuffo Addo.

7. Dzidzor Tay, an NDC activist, was arrested and interrogated by the BNI and held for hours on end just for airing her view on the radio.

8. It would be recalled that, sometime in 2007, a mechanic in Kumasi was beating severely for saying that President John Kuffour (who reportedly listed Traveling as one of his hobbies on his CV) was travels too much.

9. Last, but not least, Dr. Asemfrofro, a disgruntled NPP sympathizer, has made numerous counts (even in front of the former President J A Kuffour at a town assembly) of the brutalities meted out to him by supporters of the NPP just for expressing his disappointment with the incompetence and corruption of the regime –in adherence to his rights to freedom of speech.

The list goes on and on.....

See, it is quite obvious that the NPP style of executing the rule of law is far better than that of the NDC which borders on the implementation of an existing law in our statute books.....namely, “Section 208 of the Criminal code of 1960: publishing information with the intention to cause fear or harm to the public or to disturb the public peace”.

Of the brouhaha and public outcry that the NPP has granted this case, one can only imagine what could have been if the law quoted was coincidentally a PNDC law. NPPians should hold their breath and not jump to celebrations just yet, because what their overnight "hero" has said is till liable and can still be TRIED, SUED, and GAGGED when the case is called to our court of competent jurisdiction after the stipulated end of remand.

NPP should stop disturbing our peace, haba!!

FREEDOM WITHOUT LIMITATIONS BREEDS ANARCHY!!!!

HOW NPP SUED MEDIA HOUSES OUT OF BUSINESS (2001-2008)

The following is a just a tiny list of opposition and independent newspapers that were sued out of business under the rule of law touted Kuffour regime. Most of the sued newspapers had had to file for bankruptcy and re-establish or reintroduce their papers in new or modified names due to the effects of the hitherto unprecedented lawsuits, considering the fact that most newspapers barely sell 500 copies per day at 70 pesewas per copy. Interestingly, cases against pro-NPP newspapers hardly saw a day in court while cases against opposition papers were accorded the courtesy of swift justice: 2007-05-09 I Was Traumatized – Tony Aidoo

2007-02-17 Presidential Aide Drags Chronicle to Court

2007-02-09 Insight ordered to pay 100m cedis compensation

2007-02-07 I'll Deal With Errant Journalists - Addo Kufuor

2007-02-06 Addo-Kufuor Sues Democrat

2006-11-17 Former First Lady loses libel case

2006-11-17 Police Boss Sues The Chronicle

2006-06-05 Ocquaye Sues Palaver & Lens for ?5bn

2006-04-11 Minister Sues Palaver, Insight & Democrat

2006-03-23 Damages Against Media Houses Were Harsh

2006-02-23 Court Orders Newspaper to file defence

2006-02-23 Is Media Freedom Threatened?

2006-02-07 Baby Ansabah defends story on Nana Konadu

2005-12-25 National Democrat To Pay ?500m For Libel

2005-11-26 'Palaver' House Auction: No Buyers, No Sellers,

2005-11-08 Palaver Editor?s House For Sale

2005-11-08 Jojo Quansah Gone Missing

2005-11-08 Help trace Editor of Ghana Palaver -Police

2005-10-31 K. B. Asante sues for ?1bn

2005-10-27 Attempts To Close Down Ghana Palaver

2005-08-24 Minister Sues Nwspaper For ?1.5billion

2005-08-17 EDITORIAL: Is the Ghanaian Media Going Overboard?

2005-07-29 "I cannot prove that Dr Addo-Kufuor was involved in serial murder of

2005-07-29 Democrat Fined ?400m for Defamation

2005-07-25 High Commissioner Sues Chronicle

2005-07-13 Court awards ?60 million damages against the "Independent"

2005-07-05 Editor, 2 Directors Sent to Jail

2005-06-28 Wereko-Brobbey awarded ?15m cost but?

2005-06-24 The Lens dragged to court for defamation

2005-06-17 National Democratic dragged to court

2005-06-07 Minister drags "Insight" to court

2005-06-02 Minister's sister sues Gye Nyame Concord

2005-05-21 Bagbin threatens to sue Free Press newspaper

2005-05-20 Apraku files another one billion cedi suit

2005-05-19 Apraku sues Chronicle for 1.5 billion cedis

2005-05-17 President Kufuor's Nephew Sues Democrat

2005-03-17 Court Slaps ?1.5 billion On 'Palaver'

(source: Ghanaweb)

In conclusion, for the NPP minority in parliament to boycott proceeding of the august house “indefinite” or until the Attorney General and Minister of Justice (government, that is) interferes and subsequently “discontinues” the ongoing trial of Nana Darkwa simply smacks of pure ignorance on their part and of the rule of law that we have all been brainwashed for years to believe the NPP was the frontier and guardian of. So, how HYPOCRITICAL and SANCTIMONIOUS is the NPP? …. your guess is as good as mine.

By Fela Gbagbladza felaofela@gmail.com