... WHEN DOES ASSAULT ON THE PRESIDENT CONSTITUTE A CRIME?
The Ghana Police Service have thrown their hands in the air in desperation at the direction of the government that people who defame the President should be allowed to get away with it, whether they do it unconsciously or willfully. At press time last Friday a number of top police officers who spoke to Agenda on a plea of anonymity maintained that the policemen who arrested Yaw Kusi for insulting President John Agyekum Kufuor in Kumasi acted within the law.
Two weeks ago, while President Kufuor was on an official tour of the Ashanti Region, some policemen travelling with the presidential convoy overheard Yaw Kusi, a resident of Kumasi shouting, “this is your so called Kufuor in town. That Kufuor who cannot stay in Accra, but roams about unnecessarily.”
Using their discretion, the policemen caused the arrest of Kusi, but not without a fight. At the Police headquarters, some senior police officers explained that the policemen arrested Kusi first of all; for defaming the President and also for resisting arrest, obstructing and assaulting a public officer. The arrest of Kusi received wide coverage by the media as well as attracting comments from members of the public.
The police action and the swift public reaction moved the government’s public relations machinery into action. Last Thursday, the Minister of Information, Nana Akomea told the Press that the Minister of Interior Hackman Owusu Agyeman had asked the police to release Kusi because the government was not interested in pursuing the case. But the police insist they did the right thing.
Citing the Criminal Code-Section 18 3(a) as the basis for effecting the arrest of Kusi, a top ranking police officer told Agenda that the police acted within the law. Section 18(a) of the code titled “Defaming the President” states that “Any person who, with intention to bring the President into hatred, ridicule or contempt, publishes any defamatory or insulting matter, whether by writing, printing, word of mouth; whatever concerning the president shall be guilty on summary conviction to a fine not exceeding ?7million or to imprisonment not exceeding three years or to both.”
According to Akomea, the Interior Minister also urges the police to be tolerant of all views, especially where national security is not threatened. The minister further said the police action against Yaw Kusi also ran counter to the government’s desire for a free and tolerant society, in which citizens could go about their lawful affairs without fear of unnecessary intimidation or harassment from forces of the state.
But the police are wondering to what extent they can go in protecting the reputation of the President. “To what extent do we protect the personality of the President?” asks a senior officer?
Another officer said within the next few months campaigning for presidential and parliamentary elections will commence and asked, “if someone pours water on the President should we arrest him/her or not”?
The infamous Yaw Kusi case could open another debate over the need to amend the 1960 Criminal Code, whose letter and spirit are running counter to the new democratic dispensation. Section 18(a) of Criminal Code originated from NLC Decree 398, which was passed in 1969 to curb the spate of insults, hooting and jeering targeted at the members of the military cum police junta that overthrew the Convention People Party government of Dr. Kwame Nkrumah.
The police officers say the law was specifically promulgated to curb offences against the safety of the state and has remained on the statute books since 1969.
... WHEN DOES ASSAULT ON THE PRESIDENT CONSTITUTE A CRIME?
The Ghana Police Service have thrown their hands in the air in desperation at the direction of the government that people who defame the President should be allowed to get away with it, whether they do it unconsciously or willfully. At press time last Friday a number of top police officers who spoke to Agenda on a plea of anonymity maintained that the policemen who arrested Yaw Kusi for insulting President John Agyekum Kufuor in Kumasi acted within the law.
Two weeks ago, while President Kufuor was on an official tour of the Ashanti Region, some policemen travelling with the presidential convoy overheard Yaw Kusi, a resident of Kumasi shouting, “this is your so called Kufuor in town. That Kufuor who cannot stay in Accra, but roams about unnecessarily.”
Using their discretion, the policemen caused the arrest of Kusi, but not without a fight. At the Police headquarters, some senior police officers explained that the policemen arrested Kusi first of all; for defaming the President and also for resisting arrest, obstructing and assaulting a public officer. The arrest of Kusi received wide coverage by the media as well as attracting comments from members of the public.
The police action and the swift public reaction moved the government’s public relations machinery into action. Last Thursday, the Minister of Information, Nana Akomea told the Press that the Minister of Interior Hackman Owusu Agyeman had asked the police to release Kusi because the government was not interested in pursuing the case. But the police insist they did the right thing.
Citing the Criminal Code-Section 18 3(a) as the basis for effecting the arrest of Kusi, a top ranking police officer told Agenda that the police acted within the law. Section 18(a) of the code titled “Defaming the President” states that “Any person who, with intention to bring the President into hatred, ridicule or contempt, publishes any defamatory or insulting matter, whether by writing, printing, word of mouth; whatever concerning the president shall be guilty on summary conviction to a fine not exceeding ?7million or to imprisonment not exceeding three years or to both.”
According to Akomea, the Interior Minister also urges the police to be tolerant of all views, especially where national security is not threatened. The minister further said the police action against Yaw Kusi also ran counter to the government’s desire for a free and tolerant society, in which citizens could go about their lawful affairs without fear of unnecessary intimidation or harassment from forces of the state.
But the police are wondering to what extent they can go in protecting the reputation of the President. “To what extent do we protect the personality of the President?” asks a senior officer?
Another officer said within the next few months campaigning for presidential and parliamentary elections will commence and asked, “if someone pours water on the President should we arrest him/her or not”?
The infamous Yaw Kusi case could open another debate over the need to amend the 1960 Criminal Code, whose letter and spirit are running counter to the new democratic dispensation. Section 18(a) of Criminal Code originated from NLC Decree 398, which was passed in 1969 to curb the spate of insults, hooting and jeering targeted at the members of the military cum police junta that overthrew the Convention People Party government of Dr. Kwame Nkrumah.
The police officers say the law was specifically promulgated to curb offences against the safety of the state and has remained on the statute books since 1969.
