Attorney-General and Minister for Justice, Godfred Dame, has called on prosecutors to consider relevant bail applications for demonstrators involved in the recent Democracy Hub protest against illegal mining (galamsey).

His statement was made during the Annual Conference of the Association of Magistrates and Judges of Ghana (AMJG), held at the La Beach Hotel in Accra on Wednesday, October 2, 2024.

Addressing the gathering, the Attorney-General emphasized the importance of ensuring fairness in the ongoing legal proceedings related to the protest.

Godfred Dame

“I will also advise the prosecution to consider relevant bail applications made at the next adjourned dates of the cases,” Mr. Dame stated.

The protest, aimed at drawing attention to the harmful effects of illegal mining, resulted in the arrest and subsequent remand of 50 demonstrators, including 11 individuals who appeared before the Accra Circuit Court.

The demonstrators face charges such as conspiracy to commit a crime, unlawful assembly, causing unlawful damage, offensive conduct conducive to the breach of peace, and assault on a public officer. Despite pleading not guilty, the protestors including Ama Governor and Convenor for the group, Oliver Barker-Vormawor were remanded into police custody, a decision that has sparked widespread public discourse, including concerns raised by former President John Dramani Mahama, who described the remand as an abuse of their rights.

The Attorney-General also urged the police to expedite their investigations into the matter.

“I urge the Police Service to swiftly conclude investigations by the next adjourned dates of the cases involving the prosecution of excesses from recent protests in Accra, so as to exclude by that date, all those against whom sufficient evidence cannot be found to proceed further,” he emphasized.

Reflecting on the broader implications of public protests, Mr. Dame reiterated the need to uphold the rule of law. He cited international examples, such as the July 2024 sentencing of climate campaigners in the United Kingdom, to underscore the importance of prosecuting unlawful actions during protests.

He noted, “Respectfully, the lesson to be drawn from the treatment of unlawful or violent expression of free speech in the United States and the United Kingdom is that the legitimacy of the declared object of specific protests does not matter.”

While acknowledging the right to peaceful demonstration, Mr. Dame stressed that the rule of law must prevail. “Whilst acknowledging the legitimacy of concerns which motivate some protests, the State must deplore and, in fact, prosecute acts of protestors which threaten the running of essential services, infringe on the right to free movement of others, or attack the safety of security forces,” he said.

With the 2024 general elections fast approaching, the Attorney-General highlighted the critical role of the Judiciary in maintaining peace and security. He called on judicial officers to deal firmly with cases of lawlessness, stating, “The peace and territorial integrity of our nation at this time… is far greater than the pursuit of any parochial political goals, just as the right to free expression is no more paramount than the right of others to access essential services and the duty of the Police to maintain the peace of Ghana.”

Ghana’s laws on bail and remand are central to these conversations, with the legal framework designed to prevent excessive detention while ensuring that justice is served.

Section 96 of the Criminal Procedure Code, 1960 Act 30, which tackles the concerns provides:

(1) Subject to the provisions of this section, a court may grant bail to any person who appears or is brought before it on any process or after being arrested without warrant, and who

(a) is prepared at any time or at any stage of the proceedings or after conviction pending an appeal to give bail, and

(b) enters into a bond in the manner hereinafter provided, with or without a surety or sureties, conditioned for his appearance before that court or some other court at a time and place mentioned in the bond.

(2) Notwithstanding anything in subsection (1) of this section or 15, but subject to the following provisions of this section the High Court or a Circuit Court may in any case direct that any person be admitted to bail or that the bail required by a District Court or police officer be reduced.

(3) The amount and conditions of bail shall be fixed with due regard to the circumstances of the case and shall not be excessive or harsh.

(4) A court shall not withhold or withdraw bail merely as a punishment.

(5) A court shall refuse to grant bail if it is satisfied that the defendant

(a) may not appear to stand trial; or

(b) may interfere with any witness or evidence, or in any way hamper police investigations; or

(c) may commit a further offence when on bail; or

(d) is charged with an offence punishable by imprisonment exceeding six months which is alleged to have been committed while he was on bail.

(6) In considering whether it is likely that the defendant may not appear to stand trial the court shall take into account the following consideration:

(a) the nature of the accusation;

(b) the nature of the evidence in support of the accusation; (c) the severity of the punishment which conviction will entail;

(d) whether the defendant, having been released on bail on any previous occasion, has wilfully failed to comply with the conditions of any recognisance entered into by him on that occasion;

(e) whether or not the defendant has a fixed place of abode in Ghana, and is gainfully employed; (f) whether the sureties are independent, of good character, and of sufficient means.

(7) A court shall refuse to grant bail -

(a) in a case of treason, subversion, murder, robbery, hijacking, piracy or escape from lawful custody, or

(b) where a person is being held for extradition to a foreign country.