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."
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