The University Teachers Association of Ghana (UTAG) has urged the Attorney-General and Minister for Justice to file a nolle prosequi to expedite the release of the detained Democracy Hub protesters.
UTAG had raised concerns over the recent arrests and ongoing detention of demonstrators from the Democracy Hub and called for their immediate release.
“UTAG voiced serious concern over the recent arrests and ongoing detention of demonstrators from the Democracy Hub and called for their immediate release. While UTAG condemned the arrests as violations of the protesters’ fundamental rights and freedoms, the Association acknowledged that the exercise of such rights must occur within the framework of the rule of law. UTAG urged the Ghana Police Service to respect citizens’ rights to peaceful assembly and protest, which is in line with the democratic principles that govern the nation. UTAG also encouraged the Attorney General and Minister for Justice to file a nolle prosequi to expedite the release of the detained demonstrators,” a communique issued after the fourth quarter meeting for 2024 at the Simon Diedong Dombo University of Business and Integrated Development Studies (SDD-UBIDS) said. The meeting was to discuss various critical concerns of members, organised by the National Executive Council.
Earlier, a former Deputy Attorney General Dr Dominic Ayine also said that the alleged blocking of roads and attempt to fight the Police by the Democracy Hub protesters during their demonstration last week was condemnable.
However, he said, their action was not enough to deny them bail.
To him, refusing to grant the protesters bail is an abuse of their rights.
Speaking on the Key Points on TV3 on Saturday, September 28, the Bolgatanga East lawmaker said “The blocking of traffic is condemnable, the attempt to engage in fisticuffs with police is something that we should condemn. Having said that I do not think that the activities they engaged in are sufficient reasons you say they should be detained without bail. That is where my concern is where. The denial of bail in this case is tantamount to punishing them, it is tantamount to judicial abuse of the rights of the citizens
He also criticized the police for denying the suspects access to their lawyers.
“The right to counsel is a key fundamental right …they need the assistance of a legal professional to be able to understand the issues so the Police acted in abuse of their right.”
The state preferred 8 counts of offenses including offensive conduct to the breach of peace and stealing to to some of the protesters.
An Accra Circuit Court remanded leading members of Democracy Hub, Oliver Barker-Vormawor, Felicity Nelson, and 11 others into Police custody for two weeks.
Lawyers of the protesters had applied for bail after they pleaded not guilty. Aside from Oliver Barker Vormawor who was charged with 8 counts of offences including, offensive conduct to the breach of peace and stealing, the remaining 12 were charged with 6 offences.
The Judge handling the matter, Kwabena Obiri Yeboah ordered the Police to cater for the feeding of the protesters after reports that they had been starved for about 3 days.
After missing his first arraignment on day 1 due to health reasons, Oliver Barker-Vormawor was escorted to the circuit court limping and frail.
Fanny Otoo was however unable to make it to the cour Oliver’s lawyer, Dr Justice Srem Sai argued in court that the Police had neglected his client and denied him prompt medical care until he collapsed while in custody.
Meanwhile, the Police have denied reports of using force against anyone during the Democracy Hub demonstration last weekend despite provocations.
Following the violence that characterized the protest, the Police said that 54 persons were arrested and all of them have been put before the court in line with the due process of the law.
The case is being prosecuted by the Office of the Attorney-General.
Following the arrests, the Police said their attention was drawn to reports suggesting that a 12-year-old child, a 68-year-old woman, and a pregnant woman were among those arrested and detained.
“We would like to categorically state that all these are false. We, therefore, urge the public to disregard these reports and treat them with the contempt they deserve. In the case of the 12-year-old child and the 68-year-old woman, in the course of the arrest, Police realized that one of the suspects, Grace Asantewaa, a 50-year-old woman, who is being reported as a 68-year-old, had a child with her. In order not to separate the child from the woman, the child was allowed to accompany her to the Police Station,” a statement said.
At the Police Station, the statement added, the Police said they provided the child with food and for the sake of the child, her guardian, Grace Asantewaa, was granted a Police enquiry bail and allowed to go home with the child.
“The Ghana Police Service has charged Grace Asantewaa with the offence of exposing a child to danger, by bringing her to the demonstration grounds, contrary to section 71 of the Criminal Offences Act, 1960 (Act 29).
“We would like to use this opportunity to advise members of the public to be mindful of involving our beloved children in activities that have the potential to expose them to danger,” the statement said.
In the case of the alleged pregnant woman, Gloria Vera Louise, the Police clarified that at the time of the arrest, there was no visible indication that she was pregnant.
“Additionally, at no point during the arrest or subsequent interactions did the said suspect inform the Police of a pregnancy. Again, there was no communication to the court of any such condition, either by herself or through her lawyers.
“In order to establish the veracity or otherwise of the claim in the public domain of the alleged pregnancy, the Police took the initiative and sent her to the Police Hospital and an independent health facility for a thorough medical examination. Both medical results came out negative, suggesting that Gloria Vera Louise, is not pregnant as claimed.
As part of our efforts to be transparent, and maintain high ethical and professional standards, the Police Administration has directed the Police Professional Standards Bureau (PPSB, formerly PIPS) to investigate the circumstances under which two of the suspects were kept in Police custody beyond 48 hours without being sent to court, for necessary disciplinary action to be taken against those responsible.
“We would like to once again assure the public that the Police remain committed to nurturing our growing democratic freedoms by providing the necessary security for individuals and groups to exercise their constitutional right to protest safely and peacefully in accordance with the laws governing protests in our beloved country.”