Audio By Carbonatix
The Dean of the University of Professional Studies, Accra (UPSA) Law School, Professor Ernest Kofi Abotsi, has raised questions over the charges leveled against MP for the Madina Constituency, Francis Xavier-Sosu.
Speaking on the Super Morning Show on Monday, November 4, 2021, the Professor said the charges were problematic.
"The charge of obstruction and the related charges of damage, I'm curious how the police are going to establish that," he said.
He argued that the Constitution allows for everyone to exercise the right to demonstrate unless the police have sought an injunction to restrict the protest.
This according to him is done if they have any doubt about the peaceful nature of the demonstration or in a case where they doubt they can provide protection for the protestors.
Thus, "charging someone for obstruction for mainly exercising the right to demonstrate which has not been injuncted by a court order, I find that problematic," he said.
On Monday, the Ghana Police Service formally filed charges against the MP in court following his involvement in a demonstration organised in protest of bad roads in his Constituency.
The charges include; causing damage to public property and obstructing the highway.
During the show, Prof Abotsi also questioned the grounds on which the charge of destruction of property has been pressed against the MP, arguing that the MP cannot be held liable for the actions of other protestors.
"There's nothing like collective responsibility nor vicarious responsibility. Because he's an MP doesn't necessarily mean he has to be held responsible for what his Constituents do even when it is a demonstration organised by him.
"We have to establish that he the MP individually as a person caused damage to public property. That is not part of the demonstration. That can be punished but if you're going to merely punish him for obstructing the highway and that was collaterally the result of exercising the power of demonstration in respect of which there was no injunction obtained by the police then it's very problematic."
Latest Stories
-
Bologna snap up Ghana midfielder Kwesi Sorotu Badori
16 minutes -
RTI Commission fines GES GH₵10,000 over information request breach
19 minutes -
Korle Klottey Assembly suspends burials at Osu Cemetery over illegal exhumations
22 minutes -
The Book of Primaries: Chapter One: 1 – 4
23 minutes -
Proposed royalty increase would result in 1,344 job losses, others – Chamber of Mines
33 minutes -
When Kotoka sneezes, Ghana catches a debate
38 minutes -
Asantehene receives warm welcome from Ghana’s High Commission in South Africa
44 minutes -
Renaming Kotoka Airport long overdue – UP’s Solomon Owusu
49 minutes -
“Ghana already occupies a high-tax position”, “proposed royalty regime to increase sovereign risk perceptions” – Chamber of Mines
51 minutes -
Attorney-General rejects claims of secret deals in ORAL investigations
54 minutes -
Mole National Park’s role in climate resilience under threat from human activities
1 hour -
New diploma and bachelor’s General Nursing courses put on hold – GTEC
1 hour -
Allied Health Professions Council withdraws accreditation on all programmes of Ghana Christian University College
2 hours -
Inflation easing but prices will keep rising slowly – UCC lecturer
2 hours -
Build practical first home before your dream house – MD of EDC Investments
2 hours
