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General News of Tuesday, 17 February 2004

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Defaming President Will Land Ghanaians In Jail - IGP

IGP is three years late -Lawyer

The Inspector General of Police Nana Owusu Nsiah has warned Ghanaians that defaming the President could result in a criminal conviction, but a constitutional lawyer Ace Ankomah says the law the IGP based his point on was repealed three years ago.

Nana Owusu told a gathering of senior police officers, representatives of political parties, religious bodies, the media and other stakeholders in Sunyani as part of a working visit to the Brong-Ahafo Region that Ghanaians must respect the laws of the land especially the Public Order Act and to be mindful of their utterances during their electioneering campaigns to preserve the country's peace and stability.

The IGP quoted Section 183A of the Criminal Code Act 29 which he says stipulates that:
    "Any person who, with intent to bring the President into hatred, ridicule or contempt, publishes any defamatory or insulting matter whether by writing, print, word or mouth or any other manner whatsoever concerning the President shall be guilty of an offence and liable on summary conviction to a fine or to imprisonment not exceeding three years or to both".
But constitutional lawyer Ace Ankomah told JoyFM that the section of the criminal code that the IGP quoted has been repealed.

Ankomah said the New Patriotic Party repealed that act in 2001 as part of the repeal of the criminal libel and sedition laws when it took office.

Ankomah said the law, which operated, on the premise that the President as the first citizen of the land needed protection against insults and defamation was repealed in line with the NPP?s belief in a free society.

?The thinking by the government I suppose is that this is a free society where everyone must be allowed to speak and speak freely but responsibly.

?As a result if the President feels defamed by a comment or publication, he like any citizen can bring a civil action for defamation but the state will no longer prosecute individuals for defaming the President after the repeal of the law?, Ankomah said.