After 50 years of our cherished independence, the issue of mob “justice”, improperly so-called is still a menace in the Ghanaian society. Over the years, there have been very pathetic reports of this canker in various parts of the country. Between January and December 2006, as many as 13 persons perished through mob attacks within the Kumasi metropolis and its environs alone [1]. 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 to be realised some few hours later that, in fact, the said phone is intact. There have been similar reports in Adabraka in Accra, Pedu in Cape Coast and so forth. The trend was worst when on 8th April, 2007; Mr. Anthony Yeboah Boateng (of blessed memory), was murdered in cold blood by some misguided youth at Atronie in the Brong Ahafo region when he was mistaken for a criminal upon seeing a corpse in his car. Mr. Yeboah until his death was the administrator at the Goaso Government hospital and a presiding member of the Asunafo North District Assembly, all in the same region (2).
“Vigilante justice” is a disgrace to our nation by outsiders. It indicates a low level of maturity in our society. Through this odious practice, a lot of innocent lives are lost, denying the nation their enormous contribution. Mob action resulting to the injury and/or death to an individual is a more serious offence than stealing a mobile phone, a goat or even money. Worst of all, it is a breach of the inalienable rights of the victims by the so-called administrators of vengeance in society. It must be indicated that two wrongs does not make one right, hence perpetrators of this act are equally criminals. According to Prof Henrietta J.A.N Mensa-Bonsu(3), when people took the law into their own hands to lynch wrongdoers, they render the offence, however trivial, a capital offence, for which they appointed themselves accuser,preosecutor,judge and executioner all at the same time. This, it is jointly submitted, amount to blatant culture of disrespect for the justice system and laid down procedure for vindicating the law.
A person is said to suffer punishment whenever he is legally deprived of the normal rights of a citizen on the ground that he has violated a rule of law, the violation having been established by trial according to due process of law, provided the deprivation has been carried out by recognised legal authorities of the state, that the rule of law clearly specifies both the offence and the attached penalty, that the courts construe statutes strictly, and that the statute was on the books prior to the offence (4).
Justice generally means upholding what is right and punishing what is wrong. The rule of natural justice demands that; no man should be condemned unheard (Audi alteram partem). The gist of this legal maxim is that, an accused should not be punished until rule of law is complied with. There must be due inquiry. The accused person must have notice of what he is accused. He must have an opportunity of being heard, and the decision must be honestly arrived after he had a full opportunity of being heard (5). It is of interest to know that even our maker, God, observed this principle in the cases of Adam and Eve on one hand and Cain on the other hand when he killed his younger brother Abel, in Genesis 2 and 3 respectively. God did not condemn them outright when they sinned but heard their side of the story. It is significant to notice that the Holy Book (The Bible) states categorically that on the judgement day God will judge each and everyone according to his deeds. Let us pause to reason together; why the need for God to spend time to judge us since He being omniscient, knows those who are sinners and vice versa? Why not bringing an outright judgment upon us but still sets a day for our judgement? Several Ghanaians after a court in London had acquitted Dasebre Gyamena, a Ghanaian highlife musician, jumped into jubilations since the said court established his innocence after a year-long legal battle of being found in possession of illegal drugs in London. The fundamental question we should ask and answer for ourselves is that, where would this happy mood lies if Dasebre was lynched to death upon his arrest?
Per Article 14 of the 1992 Constitution of Ghana, the dignity of all persons shall be inviolable. 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. These provisions must as a constitutional requirement be upheld and respected by all natural and legal persons in Ghana, and shall be enforceable by the courts provided under the constitution.
The fact that an individual is dissatisfied with a judicial process in his estimation does not warrant the resort to “vigilante” justice or mob action, an age-old manner of behaving under the guise of carrying out justice (fairness) – he who wants equity (fairness) must do what is equity. 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. The path of true justice may be frustrating and time consuming but its results are more convenient than any other form of settling dispute. It sad that this uncivilised conduct is being perpetrated by even some university students who are naturally expected to educate the layman on this evil practice. It is recommended that the Attorney-General’s Department, Ministry of Interior, The Police Service and all agents and persons concerned( especially the ordinarily Ghanaian) should speak against this heineous,barbaric and unthinkable act by some misguided Ghanaians and better schemes should be put in place to abate this social canker to save the image of our motherland abroad.
REFERENCE:
1. “Daily Graphic”, Wednesday, January 10, 2007
2. “Daily Graphic”, Thursday, April 10, 2007.
3. “Daily Graphic”, Saturday, October 28, 2006. Front page
4. Rawls, Civil Disobedience (1969)
5. Lesson v General Medical Council (1889) 43Ch D 366
FACULTY OF LAW, KNUST.
Views expressed by the author(s) do not necessarily reflect those of GhanaHomePage.
