Mob Action is not justifiable

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There is no gainsaying the fact that, the issue of mob action in the Ghanaian society is factual, real and present. Some infuriated and misguided youth in our humble society are now and then perpetuating this uncalled-for practice with the highest impunity. Sadly enough, all parts of the country are heavily diseased with the menace.

THE STATE OF MOB ACTION IN GHANA

Over the years, there have been very heartbreaking reports of this scourge in various parts of the country. In 2006, as many as 13 persons perished through mob attacks within the Kumasi metropolis and its environs only. In one of such reports at Abrepo, Kumasi, a 14-year old shoe shine boy who was alleged to have stolen a mobile phone was beaten to death only for it to be realised some few hours later that, in fact, the said phone was intact. There were similar reports in Adabraka in Accra, Pedu in Cape Coast and other parts of the country. This year, the trend is still not different. On 8th April, 2007; Mr. Anthony Yeboah Boateng was murdered in cold blood by some ill-advised youth at Atronie in the Brong Ahafo region when he was mistaken for a criminal upon seeing a corpse in his car. According to Graphic Nsempa, on Sunday 24th June, 2007, a man who was alleged to have attempted stealing at Ashanti New Town in Kumasi was brutally lynched. On 29th June, 2007, a 27 year old petty trader suspected to be a thief was put to death at New Gbawe in Accra. A similar report was also recorded at Korle-Bu in Accra where, but for the timely intervention of some Good Samaritans; a 35 year old man, suspected of stealing was made to breathe his last after sustaining grievous bodily injury. There are numerous unreported cases in several parts of the country.
SOME STATED CAUSES
Perpetrators of this heineous, bestial, cruel, degrading, debasing and inhuman action forcibly try to justify themselves on the grounds that they do not have confidence in the justice system in the country. According to them, the police may refuse to arraign a suspect before a court of law or if they do at all, mishandle the matter leading to the acquittal of the accused. Besides, they assert that, our Courts most often than not, take a long period of time to decide a very simple (the accused was caught in the act) case. To them, justice delayed is justice denied, hence their action.
SOME REBUTTALS
These concerns could not be posed without analysing them dispassionately.
THE POLICE
It must be pointed out clearly that the police could never prosecute any suspected criminal successfully unless, they satisfy the law Court with very cogent and convincing evidence. The police could not unilaterally prosecute any suspect save those who witnessed the crime scene step out on their own volition to furnish them with the necessary facts and information surrounding a particular case. It is not enough just to handover suspected criminals to the police but we must equally assist them without delay, till the time that the accused is punished by a court of law. To be apathetic and blame the police at the end is very unfortunate. We are not morally justified to sit unconcerned only to censure the police later and further state that we do not have confidence in them.
It must be conceded that sometimes, some of our policemen may act irresponsibly which may betray our trust in them. The police service is a human institution and there is no way that all their actions may be perfect. They may be at fault sometimes but, that does not bestow on us the authority to take the law into our own hands in the subsequent cases. It is good to reduce crime but people must not take the law into their own hands. Am I justified to oust my constitutionally elected government because I no more have confidence in how the affairs of my country are managed? Can a robber be justified in any way on the grounds that he undertook his act due to the failure of the government to provide employment opportunity for him? Aside the few bad nuts within the Police Service, majority of them are performing exceptionally well hence, the need for us to appreciate their efforts and give them the needed support.
OUR LAW COURTS
It has also been alleged that our Courts sometimes take a very long period of time to decide a very straightforward case. It must be strongly indicated that, the Courts are to comply strictly with the substantive law vis-à-vis the rules of procedure in the interest of justice. Certainly, if we do away with the rules of procedure, whether civil or criminal, we are likely to save some time. But is the saving of time the interest of the individual or that of society? WHILST JUSTICE DELAYED IS JUSTICE DENIED,HASTILY ADMINISTERED JUSTICE IS NOT JUSTICE AT ALL since it is likely to lead to the conviction of the innocent or the acquittal of the guilty ( credit to J.K Agyeman, past president of Ghana Bar Association). It is true that a cross-section of the public may be enraged and frustrated when the law slowly works at suspected criminals. However, it is indispensable for people to respect and recognize the law as the only avenue to promote peace and stability in our humble society. The path of true justice may be frustrating and time consuming but its results are more convenient than any other form of settling disputes. It is said that, it is better for the Courts to exonerate 100 suspected criminals than to imprison just one innocent person. Per Aristotle, the law is reason devoid of passion. After all, sometimes, the best gain is to lose.
EFFECT OF MOB ACTION
Undeniably, the widespread of mob action tends to create insecurity which in the long run scares away potential investors and tourist who may think the country is not safe for them. It is an indictment on the Ghanaian society. The menace portrays the country intentionally as having little or no respect for due process of the law and human rights. Through this hideous practice, a lot of innocent lives are lost, denying the nation their enormous contribution. Besides, it amounts to blatant culture of disrespect for the justice system and laid down procedure for vindicating the law. The action breaches the inherent and inalienable rights of its victims. Furthermore, it has the propensity of destroying relevant evidence or information which could have been used to abate future crime. When suspected criminal are lynched and cremated, there could not be proper preservation of evidence which could have been used to prosecute the abettors of the said crime. Mob action presents a serious challenge to our democratic society. Finally, it abhors everything that is fair, just, reasonable, sensible and rational.
Mob action has never solved any problem since creation but only compounds and creates worst wrongs than those they purport to remedy. Wrong actions always beget wrong results. We do not use illegality to solve illegality.
SOME CONSTITUTIONAL REQUIREMENTS
Article 14 of the 1992 Constitution of Ghana states that the dignity of all persons shall be inviolable. That no person shall, whether or not he is arrested, restricted or detained, be subjected to torture or other cruel, inhuman or degrading treatment or punishment or any other condition that detracts or is likely to detract from his dignity and worth as a human being. Article 19(2) (c) requires that a person charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty. The right to fair trial is also guaranteed and persons charged with criminal offence are to be given a fair hearing. Rules of natural justice require that whenever a person is arrested, there must be due inquiry. The accused person must have notice of what he is accused of. He must have an opportunity of being heard, and the decision must be honestly arrived at after he had a full opportunity of being heard.
These provisions must, as constitutional requirements be upheld and respected by all natural and legal persons in Ghana, and shall be enforceable by the Courts provided under our constitution.
THE WAY FORWARD
To begin with, this heineous, barbaric, inhumane, odd and an outlandish act by some misguided Ghanaians should be condemned in no uncertain terms by all and sundry. Besides, some of our police and Court officials whose untenable actions and inactions tend to delay cases unduly must desist from such acts and if possibly, they should be severely sanctioned. More importantly, very strong intensive public education against this bug should be organized throughout the country and the recalcitrant should be made to swim in the perpetual wrath of the law. Ministries of the Interior and National Security as well as the office of the Attorney-General and the Ministry of Justice should hasten their steps in putting better schemes in place to halt this social blight to save the life of all persons in the country and the image of our motherland abroad. Finally, teachers of morality and good conscience should not relent in their efforts to sermonize their clique that Vengeance is of the Lord (Hebrew 10:30).
CONCLUSION
It has happened to Mensah and Ashietu today, but tomorrow, Kofi and Ama may be the victims. Do not let us be wise only when we or any close relative or friend falls a victim.