Needless intervention
Last week there was a development which attracted the intervention of the police. But the involvement of the police was needless and unnecessary. It was about the decision of the police to investigate whether there were more than one recording of the meeting between President John Dramani Mahama and supporters of the National Democratic Congress during his tour of the Ashanti Region.
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At the heart of the matter was whether the President made any direct remark about the people of Kumasi, especially as to the authenticity of two tape recordings from the same event. The Ministry of Information had alleged that the voice of the President played on some radio stations had been doctored and that they had the original recording.
While we all have to condemn baseless attacks on the integrity of our President, especially from journalists, the Constitution does not give that responsibility to the police. We are resolved that issues of speech are not criminal but civil.
In the face of the claim by the Ministry of Information, the question to ask is, was it a public event or closed door activity? If it was a public event, then it amounted to censorship for the ministry to have directed only one recording of proceedings. Otherwise, we should not be talking about an original recording since all the journalists who were present could have done their own recordings. On the other hand, if the President privately engaged party members, while on official duty, then anyone who recorded the discussions acted in the best public interest.
Both ways no issue arose for the police to intervene and resolve. There is the need for all of us to come to some understanding of democracy, especially in the face of the fact that the 1992 Constitution provides by far the most elaborate provisions on media freedom. For in our previous constitutions, there were general provisions of freedom of expression. The 1992 Constitution goes a step further to expressly provide for freedom of the media.
Beyond the provisions of Chapter 12 of the Constitution, which guarantees media freedom and abhors censorship, Article21(1) on general fundamental freedoms which include freedom of the press and other media, Article 41 on duties of a citizen, there is also Article 33(5) which states that, “the rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man.”
Against Article 164 that “the provisions of articles 162 and 163 of this Constitution are subject to laws that are reasonably required in the interest of national security, public order, public morality and for the purpose of protecting the reputations, rights and freedoms of other persons,” is Article 165 which points out that “for the avoidance of doubt, the provisions of this chapter shall not be taken to limit the enjoyment of any of the fundamental human rights and freedoms guaranteed under Chapter 5 of this Constitution.” This means that media rights and freedoms are additional to fundamental human rights.
Returning to the tape recordings, there is not much difference in substance. The attempt to distinguish between the two rather attracted undeserved attention. For as it is, there is no public policy to tar our city roads with gold. To suggest, therefore, that even if the roads in Kumasi are overlaid with gold there will be no appreciation, can never be a compliment nor something to be received in good faith, with or without reference to any group.
But if that was what the President intended, because he thinks the NDC deserves more votes in Kumasi, then there is no need to deny that. The statement has to be defended and justified. Otherwise it must be withdrawn with an apology. To argue outside these options begs the question. That is why the police should not have intervened at all.
Under President Kufuor, a presidential staffer, Mr Mike Adjei, suggested in an article that there was no need to extend development projects to the Volta Region because the people would never vote for the NPP. Some of us felt the article was in bad taste and contravened Article 17(2) that “a person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status” and called him to order.
