The Ama Boss Has Abused His Constitutional Powers

According to General News of Thursday, 21 April 2011 a 35 year old shoe dealer, Mr. Ebenezer Obeng, at the Kwame Nkrumah Circle has found himself on the wrong side of the law leading to the alleged chopping off of one of his ears by city guards of the Accra Metropolitan Assembly (AMA). All this is alleged to have been done under the auspices of an AMA boss.

According to Mr. Ebenezer Obeng, he was selling in front of a shop and not on the pavement when the AMA taskforce decided to send him over to their boss. Their boss then ordered that Ebenezer’s shoes be burnt which they did right in front of him. The story continues that in the course of Ebenezer being questioned, one of the AMA taskforce team gave him a dirty slap for lying, held him down, and stamped on his ears with his heavy boots, ripping off his right ear (as depicted in a photo on Ghanaweb).

What happened to the rule of law? How can an entity (in this case the Accra Metropolitan Assembly (AMA) make bye-laws (or rules), adjudicate and execute the laws at the same time. What happened to separation of powers in our constitution? It is highly unconstitutional, undemocratic and unhealthy for any entity of government to wield so much unchecked power. The AMA boss who ordered that Mr. Ebenezer Obeng’s shoes be burnt is on the wrong side of the law and must be brought to order. He (the AMA boss) has acted over and above his jurisdiction. This is not only very autocratic but also a very bad reflection on the ruling executive, to wit, an affront to the office of the President.

How on earth should a local government boss or Accra Metropolitan Assembly (AMA) allow the use of brute force (and barbarism) on its alleged victim? Does the task force constitute a police force? Even the police does not have the right to brutalize alleged victims or suspects without the courts, how much more AMA taskforce? Is Ebenezer guilty? One is not guilty unless proven by the courts.

Mr. Ebenezer Obeng claimed he was met by the AMA taskforce on Tuesday April 20, 2011evening whilst he had displayed his wares by a fuel station, Allied filing station at Circle, Accra when the AMA taskforce abused him.

Does AMA want us to believe their purported story that their victim was on the wrong side of the law? According to the story, the AMA task force team accused Mr. Ebenezer Obeng of flouting the AMA bye-laws that prohibits selling on the pavements of the capital, an accusation which he, Mr. Ebenezer Obeng, has denied. Who is telling the truth? Should the AMA even produce proof, their actions are still unconstitutional. This is the very reason why we have the courts.

We appreciate AMA’s work in trying to keep the city clean and orderly. We know it is a daunting job and they deserve all our support but not at the expense of the rule of law. Two wrongs don’t make a right. AMA also needs to follow the laws of the land too

On this note I hereby submit that

1. The matter be resolved in court

2. The AMA boss be brought to order

3. Parliament set up rules for suspected victims of the city be arraigned and tried at the local courts. The courts are there for this purpose. Under no circumstance should any entity act as the executive, the legislature and the judiciary.

To reiterate my point, the culprits involved in this matter must be brought to justice. The AMA has acted beyond it limits and they must be brought to justice. I am therefore calling on President Mills to intervene and address the abuse of power by the AMA. I am also calling on the Chief Justice (or the Judiciary) to take proactive role in safeguarding against the abuse of the executive and avoid similar future abuse of the constitution.

Okyere Bonna www.okyerebonna.com

The author is the author of many books including: Ghana, the Rediscovered Soccer Might (SPORTS)’ Stopping the Carnage on Africa Roads, A New Agenda for Ghana (Vol. I &I II), Ghana, Conversation and Development, Traditional Institutions and Public Administration in Democratic Africa (http://www.africaninstitutions.com/)