Neho! Afia Schwarzenegger was apparently brought to Court on a contempt charge for discussing on TV a lawsuit that wontumi brought against her.
Now I am one of those that are absolutely against the power of Courts to punish for such contempt, which relates to discussing cases or even criticizing courts outside of the court. Contempt should be reserved for happenings inside the Courtroom that interfere with the administration of justice.
Plus, in Ghana that contempt power is exercised without any due process. You are guilty even before you enter the court room.
Now, here. Not only did the Court fine Afia 60,000 cedis. The highest fine anyone has had to pay for contempt. She was also told to avoid “social media banter” for two years.
Note that this supposed “social media banter” has nothing to do with the Contempt matter before the court; and the basis on which the Court convinces itself it has that power isn’t clear.
I don’t know Afia and like many people in my social circles, I frankly do not care much about what she does.
But it is particularly on the back of those we deem undesirable that restrictions to our rights are first implemented on. Anytime we say to someone “good riddance”, and are happy that the law is being weaponized to “deal with their loud mouth”, it is our own protections in law that we are bidding “good riddance to”.
Always remember that the right to speech exists not to protect desirable speech, but speech we disagree with or find undesirable. If it was speech we approve of, it will need no protection.
When this same Court fined Aplus and Nana Ama McBrown 60,000 cedis for contempt, I said then that I will choose prison over paying that money. Principle matters. They chose to pay.
Today, the court has gone further to add “a ban on social media banter”. Still on a simple contempt application.
Courts are manned by humans. And like humans, they can be, and have on multiple occasions been irresponsible. This was no exception.
We get the sub standard democracy we stand aloof and watch.
Shalom.
By Osagyefo Oliver Barker-Vormawor
