Free Speech Means Nothing to Ghanaians

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Kobena 10 years ago

John,
That was an interesting write-up. As a non-lawyer, I have also followed Prof Asare’s write-ups and have in fact, learnt quite a lot from them. I will advise Prof to continue to write because some of us appreciate his ...
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John,
That was an interesting write-up. As a non-lawyer, I have also followed Prof Asare’s write-ups and have in fact, learnt quite a lot from them. I will advise Prof to continue to write because some of us appreciate his efforts.

Unfortunately, your allusion to our culture is not completely right. You remember the Akan proverb “Se abofra hu ne nsa ho hohor a onye mpanyimfo dzdidz?” (To wit when a child is able to wash his hands properly, he eats with adults.) Yes at a certain age, we are expected to give unqualified respect to adults, but when we come of age, we are allowed to speak our minds at family and other public gatherings, as long as we use decorous language. When the Oman sits to deliberate about a town/village, even the “ahenkowa” can make his contribution. With perhaps the single exception of the Asantehene, EVERY Akan Chief can be subjected to destoolment charges when he misbehaves. As a Fante, I have lived in Asante and also several parts of the Eastern Region, but I am not too sure what happens in the case of the Asantehene. However, I am sure there is some kind of sanction. Perhaps that is why the selection process is so very thorough in his case.

I make bold to say without fear that it is the part of Akan culture whereby matured adults are allowed a voice in public interactions that makes voting patterns in the Eastern, Asante, Western and Central Region (often king makers in Ghanaian elections ), so different from other parts of the country. They tend to vote on issues and who did better the last time around!

Unfortunately, as you rightly point out, we seem to lose this independence of thought to the archaic school system. The teacher “is always right.” Even when a teacher has clearly got a sum wrong on the blackboard, your own mates will tell you “you are too known” if you try to point it out to him. That is what we take into adult life, sometimes, even for the highly educated.

When a child does something wrong in school, the punishment is to go and weed the school farm. There are derogatory terms about fishermen, farmers and mechanics, among others, that teachers regularly use to describe erring pupils. Yet those are among some of the most important occupations in our society.

The bane of our underdevelopment is our mind set and until we do something about it, we shall continue to go in circles, allowing our leaders to steal billions every year with nothing to show for.
Kwame Ninson 10 years ago

You're right on brother. Democracy will never take root in Ghana.

You're right on brother. Democracy will never take root in Ghana.
insight to the bone 10 years ago

what a load of bullshit , they come and weaken our institutions and pepeni by corrupting them all into compliance and say something good can come out of this , china is at war against Africa and is doing everything to ensure ...
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what a load of bullshit , they come and weaken our institutions and pepeni by corrupting them all into compliance and say something good can come out of this , china is at war against Africa and is doing everything to ensure the so called dimwitted idiot leaders who only think how to chop today as for them there is no tomorrow do their biding . so disastrous is their policy that the people end up being enslaved for generations to come . the chinese admit their army of citizens are here to exploit but where in the world have any people benefited by being exploited. their warped sick toxic policy will sooner or later be their own undoing
Afia Takyiwaa 10 years ago

If, I say if, because if Ghana has 3 percent of the calibre of Prof. Asare, you, the writer and that of nr.1 citizen vigilante Martin Amidu, Ghana would have been the best of the best country on this earth with all the blesse ...
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If, I say if, because if Ghana has 3 percent of the calibre of Prof. Asare, you, the writer and that of nr.1 citizen vigilante Martin Amidu, Ghana would have been the best of the best country on this earth with all the blessed mineral, natural and human resources at our disposal.
Kwaku Azar 10 years ago

Kwame

I wept while reading your article. Although I hope you are wrong, I strongly suspect you are right. I could not believe reading that the GBA supports sending a journalist to jail for expressing an opinion on a court ...
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Kwame

I wept while reading your article. Although I hope you are wrong, I strongly suspect you are right. I could not believe reading that the GBA supports sending a journalist to jail for expressing an opinion on a court proceeding at the supreme court.

My only prayer is that we can get new blood into our Law Faculties to avoud training another generation of lawyers who will celebrate while journalists are sentenced for expressing their opinion.

I will save and read your article frequently
Odikro 10 years ago

God forbid;you get accused of being a "underage"sex offender.
Your trial becomes "talk of the town" on phone in shows,television and numerous front page tabloids in Ghana.
With many opinions and statements pre judicing your ...
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God forbid;you get accused of being a "underage"sex offender.
Your trial becomes "talk of the town" on phone in shows,television and numerous front page tabloids in Ghana.
With many opinions and statements pre judicing your case in judgement...those making those are deemed to be in Contempt,
Kwaku Azar 10 years ago

The issues you raise are relevant for jury trials because of a concern of getting a biased jury and imperiling a fair trial. Even so in those places, the solution is sequestration, change of venue, etc.

But to send a journ ...
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The issues you raise are relevant for jury trials because of a concern of getting a biased jury and imperiling a fair trial. Even so in those places, the solution is sequestration, change of venue, etc.

But to send a journalist to prison because of his comments on a case before the Supreme Court? That puts us in the 19th century.
Prof Lungu 10 years ago

Mr. John Kwame Adams,
Do not worry. Just do your part. Because of politics/human nature, "Democracy" is a moving target, it is never a finished project.

Our sense is, Professor Kweku Asare, Columnist Nii Lantey Okunka Ba ...
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Mr. John Kwame Adams,
Do not worry. Just do your part. Because of politics/human nature, "Democracy" is a moving target, it is never a finished project.

Our sense is, Professor Kweku Asare, Columnist Nii Lantey Okunka Bannerman, as us, do not write because we want to be favored by public opinion. It is simply the right thing to say; the right orientation!

Even if such articles convince just one person, they are worth their own right.

FORWARD >>>>> Let's shine light on ignorance, aggression, and intemperate judges!

READ: Feature Article of Friday,
5 July 2013
Columnist: Bannerman, Nii Lantey Okunka
"Stop the Media Witch hunt"
Paul Amuna 10 years ago

I have read your piece with a lot of interest. I wish to state however that it is important that we do not confuse the issues here.

I am sure you will agree with me that the constituents in Ghana are protean and this is r ...
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I have read your piece with a lot of interest. I wish to state however that it is important that we do not confuse the issues here.

I am sure you will agree with me that the constituents in Ghana are protean and this is reflected in their responses, reactions to, and actions in respect of a lot of things – political and all. You will also agree with me that Andrew Roberts’ (the British historian quote) characterisation of some societies as “mired in obscurantism, feudalism, superstition, ignorance…” is one that indeed can be found ANYWHERE in the world and therefore no society is ‘immune’ from such types.

As I am sure you well know, there are many who are entrenched in their ‘traditional’ views around the concept of democracy and those who during each election cycle (even in so-called established democracies such as the US has) WILL ONLY vote for someone either from the BLUE (Democratic) or RED (erstwhile Whips, grand old party (GOP) or today’s Republican) parties no matter what. Some of those when asked would say, that is the party “my family has always voted for” and although at times baffling, it is nonetheless an entrenched position and RARELY do you find a candidate (however good) from the ‘other side’ ever winning in some of these so-called SAFE seats or constituencies.

Talk about “tribalism” and how that influences party choices, there is now this ‘infamous’ case of one Lord Taylor who was put forward as a parliamentary candidate for a SAFE Tory (Conservative Party) seat in Cheltenham, in the United Kingdom parliamentary election of 1992. This was such a safe seat that it was inconceivable that any other party would win the seat from the conservatives. The outcome of the vote was not only shocking, but tells you how entrenched ‘tribal, traditional’ positions are when it comes to the exercise of “democracy and universal franchise” as well as issues bothering on “rights and freedoms”. The constituency Tory party teamed up with the Liberal democrats to vote for the Liberal candidate (again inconceivable in such a constituency) against their ‘own’ candidate.

You may read whatever you wish into this case, but suffice to say that Lord Taylor happens to be a black Oxford-educated lawyer. He simply did not fit the description of what that constituency ‘wanted in their candidate’.

Regarding issues of “freedom of expression (– which includes speech etc.) you will also agree with me that even in the US that our legal ‘luminaries’ often refer to as a ‘beacon’ for reference, there are those who believe that Bernard Manning (US soldier on trial accused of leaking state information to wiki leaks) and Steven Snowden (self-confessed source of leaks regarding “wiretapping”) were exercising their ‘rights’ of expression even though as per their own employment conditions, they may have violated those same rights by their alleged actions. On a more interesting note, a Texas teenager has just been sent to jail on the basis of “offensive comments” he placed on Facebook. Again there are those in the US who would argue strongly on both sides of the argument and whether the law has been rightly applied in this case.

Lest I digress from the issue in Ghana, I have also followed the events relating to “contempt” in the on-going case at the supreme court with a great deal of interest.

I have followed the arguments and opinions of legal, technical (or expert opinions) from the likes of Kweku Asare and Kofi Ata, both of whom although come from different sides of the political divide in Ghana, nonetheless provide informative, educational and insightful commentary. My only caution is that it is dangerous to assume that one’s position or technical opinion is the CORRECT one and the other’s interpretation or application of a legal opinion is WRONG as Kweku Asare tried to tell Kofi in one of their exchanges.

There are others who though legally qualified, examine these same issues purely from an emotional, partisan base which is not only unfortunate, but also serves no useful purpose except to whip up sentiments in their parties which could be harmful to the very democracy that we all profess to wish to uphold (including its provisions for all our freedoms). It is these entrenched and “traditional, ignorant, superstitious, feudalistic” positions that some of us refer to as dangerous and negatively inciteful.

I happen to disagree with you on the reference that some have made to the genesis of the Rwandan civil war and subsequent genocide. IT HAD NOTHING TO DO WITH FREEDOM OF SPEECH OR EXPRESSION. For the record, the Media role and the dissemination of vitriolic that led to the massacres and genocide were downright STATE SPONSORED PROPAGANDA and incitement which had been allowed to go on for a very long time without any checks. In fact if anything, it was ‘ANTI-FREEDOM OF EXPRESSION because those neutral and fair-minded Hutus who tried to intervene and to condemn what they saw as a clear ‘violation of rights’ and a MIS-USE OF FREEDOM OF EXPRESSION and of SPEECH were either condemned by their own side or included in the targets during the massacre, including the 38 year old female prime minister who tried to “fight the extremists”. This is a wholly different matter and should not be allowed to confuse the issue here.

Now, to address your central question about the “meaning of freedom of speech” to Ghanaians, please I beg of you not to confuse the picture.

There are those of us like Arthur Kennedy (whom I realise has commented on your piece) and myself who either write opinion pieces (Kennedy) or comment on such pieces (Paul Amuna) purely from an educated but nonetheless ‘lay’ perspective and though operating from a ‘neutral stance’ can sometimes be misconstrued. We are also in danger of ‘overreaching’ in terms of our own understanding and interpretation of what after all are technical issues.

One thing however is for sure: there are many who fit the description of Roberts (that you made reference to in your opinion piece) and no matter what, they will only see issues around democracy and our “freedoms” in traditional party colours. These are those (irrespective of their level of education) one may refer to as “blinded by party or parochial interests”. This is a very dangerous group who in my view should know better and be prepared to educate another constituency – those who simply do not UNDERSTAND what these “rights and freedoms” actually mean.

Whether you characterise these ‘genuinely ignorant’ constituencies within our Ghanaian population as ignorant, blinded and therefore never able to understand “freedom of speech” is a matter for interpretation, but to ‘blame them’ for their ignorance and / or suggest that it stems from our educational system (and other traditions within Ghanaian society ( and the related abuses in such systems e.g. corporal punishment in our schools) couldn't be further from the truth.

The issue is primarily of CIVIC EDUCATION and understanding of our constitution. You, me and all ‘educated’ persons who wish our nation to move forward in a sound and proper manner owe it to our people to help educate them on our constitutional provisions and the “freedoms” enshrined in our constitution. This education has to be party-neutral and ONLY to help people understand what protections they enjoy under these “freedoms”.

Some may even question if this is necessary, since for the majority of our people (including if I may add, many who hold degrees), frankly speaking, matters around the constitution are not only alien to them, they simply cannot be bothered to learn or find out. I will add some of our own parliamentarians (supposed law makers) in this constituency of ‘ignoramus’. If I may add, this level of ignorance is not limited to young democracies such as ours but even includes people in countries in Europe and the US.

If you notice, I chose not to attempt to argue on the merits or otherwise of the issues of Awuku, Atubiga, /Kuranchie et al. which events have provoked these heated discussions.

I agree with you Prof. Asare’s opinions (and that of others such as Kofi Ata) CAN contribute to teaching at law schools in so far as they focus centrally on arguing the issues and as long as they are not biased for other reasons. I also agree with you that for some Ghanaians, the issue of “freedoms” can never be grasped properly no matter what attempts are made to address the issue. I however hold the view that the issue of refusing to “understand” these freedoms properly can be as ‘deliberate’ as it can be based ‘genuinely on ignorance’ and the two have to be seen as separate.

The ones we should all be worried about are those who ‘deliberately choose’ to interpret these “freedoms” to suit their whims and caprices even when they know where the ‘truth’ lies, and those who will hide behind ‘defence of these freedoms’ in order to propagate their own political and other parochial interests.

My hope is that as we continue this debate, we should all remember that the law and its technical interpretation cannot, and should not be allowed to ignore common sense, our common humanity and decency, for failure to recognise this in my view, will be an abrogation of our duty to uphold and defend the very “freedoms” we seek and profess to protect.
Kwaku Azar 10 years ago

There is a problem and we can no longer gloss over it. When the Ghana Bar Association comes out to suggest that accused contemnors be jailed by the Supreme Court, we cannot pretend all is well with the polity. Incidentally, t ...
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There is a problem and we can no longer gloss over it. When the Ghana Bar Association comes out to suggest that accused contemnors be jailed by the Supreme Court, we cannot pretend all is well with the polity. Incidentally, the comment by the GBA is not regarded as contemptuous but one could go to jail if he offered the opposite view.

In my mind, our LAW is very clear. No journalist can be jailed for expressing an opinion on any subject of public interest. This is in the Constitution.

Of course, no LAW is self enforcing and asking autocrats to enforce a liberal law is an impossible enterprise.

While I agree that we can have opinions and none can be said to be correct, there are also facts that cannot be disputed. For instance, the Fair Comment doctrine means something very specific and cannot be given any other interpretation. Similarly, Schenk is no longer the law in USA. Finally, a time, place and manner restriction of speech must be content neutral.
Paul Amuna 10 years ago

Kwaku, here is where the problem is: I entirely agree that "no journalist should be jailed for expressing an opinion...". The issue here IN MY VIEW is about the ACCURACY, APPROPRIATENESS and TIMING of such opinions. Don't you ...
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Kwaku, here is where the problem is: I entirely agree that "no journalist should be jailed for expressing an opinion...". The issue here IN MY VIEW is about the ACCURACY, APPROPRIATENESS and TIMING of such opinions. Don't you think that it is dangerous to allow people to simply (on the basis of our "freedoms") 'misinform' or misinterpret active matters in court as has characterised some of the discourse thus far?

Furthermore, is it sound for party spokespersons to be so blatantly 'disrespectful' of the superior court of the land regardless, as has been observed in this on-going case?

I respect your learned position and to a large extent agree with some of your legal arguments and believe they have a place in teaching law (with the caveats I put in my earlier comments). I also agree with your argument about the Fair Comment Doctrine however would you argue that the clearly political posturings (on both sides - NDC and NPP including their media surrogates) have been truly FAIR and based on sound legal interpretation of events?

I agree with your final point but do wonder if others recognise same.
Kwaku Azar 10 years ago

"Don't you think that it is dangerous to allow people to simply (on the basis of our "freedoms") 'misinform' or misinterpret active matters in court as has characterised some of the discourse thus far?"

Can you help me un ...
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"Don't you think that it is dangerous to allow people to simply (on the basis of our "freedoms") 'misinform' or misinterpret active matters in court as has characterised some of the discourse thus far?"

Can you help me understand how Awuku, Kuranchie, Atiguba and Boahen misinformed or misinterpreted active matters in Court?

BTW, even if they did, it will not be a crime. But I first want to know why you think they did that?
Paul Amuna 10 years ago

The individuals acted in a manner which in the court's view were dangerous and had the potential to disturb the peace, security and stability of the country post-verdict and I happen to agree with this judgment: You and I do ...
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The individuals acted in a manner which in the court's view were dangerous and had the potential to disturb the peace, security and stability of the country post-verdict and I happen to agree with this judgment: You and I do not need to agree on them but these are my considered opinion on the matter:

1. would you regard Atubiga's statements about the NDC refusing to accept the court's verdict if it goes against the NDC and his 'invocation' of a civil war reasonable, acceptable and within the bounds of free speech (and vis-a-vis the SC's warnings to all?

2. The Daily Guide had been cited for their biased, partisan and propagandist reporting on proceedings and Awuku was not only scathing in his criticism (wich is fine), but 'accusatorial' and disrespectful of the authority of the court in respect of the SC's admonition of the paper.

3. Kuranchie in 'defiance' of the court's decision in respect of Awuku chose to display his disdain and disrespect of the authority of the highest court of the land through a front page article which was designed to 'injure' the very person and authority of the court in my opinion.

4. Boahen's statements which pre-dated the time of 'drawing the line' were propagandist, threatening of the peace of the country and quite unhelpful and disrespectful of the court. He got away with it because of the timing.

I believe we all want to see a resolution of this case n a peaceful atmosphere in which respect for all parties and the judiciary (however much we disagree with them) remain intact. Don't you think that we all have a duty and a responsibility to ensure that peace and security of the State are upheld at all times? Remember, incitement (directly or indirectly) is injurious to the State, its peoples and could shake the foundations of our very democracy.

Surely if what is going on in places like Egypt are anything to go by, then we definitely have a great responsibility to defend the very @freedoms@ we seem to be taking for granted.
Kwaku Azar 10 years ago

"The individuals acted in a manner which in the court's view were dangerous and had the potential to disturb the peace, security and stability of the country post-verdict"

Let us pretend this is true. Why is it contempt o ...
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"The individuals acted in a manner which in the court's view were dangerous and had the potential to disturb the peace, security and stability of the country post-verdict"

Let us pretend this is true. Why is it contempt of court?

What you are saying is that they pise a threat to national security. If so, it is the AG who should be prosecuting them for treason, genocide, terrorism or some orher crazy charge like they did to Kennedy Agyepong.

Is the Court now responsible for summarily jailing perceived dangerous people?
Paul Amuna 10 years ago

Kwaku, Apparently that is one of the key underlying reasons for the SC justices' decision which clearly you do not agree with. It is worth mentioning though that it was not as simplistic as we all seem to be putting it, and t ...
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Kwaku, Apparently that is one of the key underlying reasons for the SC justices' decision which clearly you do not agree with. It is worth mentioning though that it was not as simplistic as we all seem to be putting it, and that the court took other issues into consideration.
Kwaku Azar 10 years ago

But we are talking about liberty, someone's liberty. And we cannot even be sure what issues the Court took into consideration?

But we are talking about liberty, someone's liberty. And we cannot even be sure what issues the Court took into consideration?
Kwaku A. Danso 10 years ago

Aah!
This man has told the real truth paaa! Our people are so entrapped like in a cage, as Plato put it in analogy, that it will take years and generations. or a deliberate effort of education by a genuine leader to change t ...
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Aah!
This man has told the real truth paaa! Our people are so entrapped like in a cage, as Plato put it in analogy, that it will take years and generations. or a deliberate effort of education by a genuine leader to change the mindset of our people!
It is sad but that is th truth.
Paul Amuna 10 years ago

Apparently "education" has still not helped some people or has allowed them to misapply the very freedoms we are talking about. Would you agree?

Apparently "education" has still not helped some people or has allowed them to misapply the very freedoms we are talking about. Would you agree?
nabia 10 years ago

Azar and Adams,
You want to insult our intelligence. why do you need an audience with all your nonsense.
why not try it this way >you can shut the windows and doors of your room and talk yourself hoarse without anybody arou ...
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Azar and Adams,
You want to insult our intelligence. why do you need an audience with all your nonsense.
why not try it this way >you can shut the windows and doors of your room and talk yourself hoarse without anybody around. that will truly be free speech. On the other hand try talking to yourself all those so called lofty ideas and the psychiatric hospital will be your next home because everybody on the street will know you are nuts.
keep your free speech to yourself and let us rest in peace in our villages after all we did not commission you to speak on our behalf. You have just one vote so keep your mouths shut
Kwame Omari 10 years ago

Comments like this cause me pain and extreme embarrassment as a Ghanaian. So what have you contributed to the debate? It is unbelievable that educated people will read an article and instead of disagreeing in a civilized mann ...
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Comments like this cause me pain and extreme embarrassment as a Ghanaian. So what have you contributed to the debate? It is unbelievable that educated people will read an article and instead of disagreeing in a civilized manner come up with such insults/comments totally unrelated to the article. Your comments support the author's theory/hypothesis that Ghanaians do not appreciate democracy. As well, it supports what I have always been thinking that some Ghanaians did not benefit from the education they received and are entitled to a refund of whatever money they paid as school fees.
Kobena 10 years ago

Very true, Kwame,
It is really amazing how many educated illiterates we have in our country! It is not surprising that the minutely smart ones like Woyome enter the A-G' Department with a piece of paper torn out of a school ...
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Very true, Kwame,
It is really amazing how many educated illiterates we have in our country! It is not surprising that the minutely smart ones like Woyome enter the A-G' Department with a piece of paper torn out of a school exercise book and walk out with millions of the Ghanaian taxpayer's money for free!
Abeeku Mensah 10 years ago

John Kwame Adams, you may want to start from where our nation should draw its strengths and experiences to shape our ideals, ideas and desires. For far too long Ghanaians (Africans for that matter)have not successfully made t ...
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John Kwame Adams, you may want to start from where our nation should draw its strengths and experiences to shape our ideals, ideas and desires. For far too long Ghanaians (Africans for that matter)have not successfully made the link between culture/traditions and the failures of our self governing experiments we engage in after our emancipation/independence from our colonial master. For starters, what does it really mean to be free and or to have freedom of speech? The brilliant founding fathers of the United States of America were culturally tied to Western Europe and thus their desires to establish freedoms were based on their Europeans experiences under the kings of England etc. But even in the US freedom of speech is not absolute and of late the people of the world have come to know the supposed freedom of movement and or to carry on conversations have not been free from prying ears.
To sit in Ghana and or to hear from Ghanaians in the Diaspora make fools of themselves engaging in quoting freedom of speech etc, when Ghanaians cannot identify with any cultural and or traditional basis for these jargons we've learned is to live in a society on blind faith. People who want freedoms fight for them/earn them to appreciate the hard work and sacrifices. Hiding behind the mask of tribal loyalties to oppose people in power because they belong to other tribes and or other political parties are not fight for freedom and justice but anarchy and chaos in the making. In Ghana where we copy and marginally implement things and cultures we do not either understand, fathom or our failure to build institutions to ensure their success is to confirm our ignorance that belies our failures.
We speak English in our parliament because English is supposed to be a common language for all and yet most of the people in parliament and or the public do not understand the words and or legal implications of the sentences we construct to form our basic laws. If insulting our courts without repercussions is what freedoms is all about then curse on Mr. Kwame Adams. There is a time to insult them when it is clear they act as such but there is a time to know tribalism and political party loyalties cannot and will not save one unless the people (you, others and I) playing referees are genuine, fair, impartial, and principled and cannot be bought.
Paul Amuna 10 years ago

I couldn't agree more.

I couldn't agree more.
Kwaku Azar 10 years ago

So just because freedom of speech is not absolute that justifies sending people to prison for speech?

As for the culture, if want to practice chieftaincy, let us do it. If we want to be a republic, let us be a republic. We ...
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So just because freedom of speech is not absolute that justifies sending people to prison for speech?

As for the culture, if want to practice chieftaincy, let us do it. If we want to be a republic, let us be a republic. We cannot be motromojo
Para Ti Para Mi 10 years ago

Present-day Ghanaians can't relate to philosophical concepts because they are western in origin? Do you have any evidence that these concepts haven't existed independently in our previous civilizations?

Secondly, why is it ...
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Present-day Ghanaians can't relate to philosophical concepts because they are western in origin? Do you have any evidence that these concepts haven't existed independently in our previous civilizations?

Secondly, why is it that you seem to posit that we have evolved to accept concepts like technology (as in the importation of IT and the latest car models), free market economics, and yet have a resistance to embracing fundamental human rights freedoms? Were the former part of our past?

Your argument is too self-serving and follows a line of least resistance...
Kwobia ( Toronto ) 10 years ago

A lot of issues here.Every nation (culture) has institutions that glue the nation together.Ghanains have their unique habits that make them who they are.Ghanains are not timid as you suggest.

A lot of issues here.Every nation (culture) has institutions that glue the nation together.Ghanains have their unique habits that make them who they are.Ghanains are not timid as you suggest.

Free Speech Means Nothing to Ghanaians

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