Feature: With Escalation of Indiscipline, Do We Need the Criminal Libel Law Back?

During the days of the Criminal Libel Law, Mrs Justice Bamford Addo said in court that the truth is not necessary in criminal libel cases.

It would only take a word or sentence from anyone, to be charged with violating the law. But no matter how cautious the public and journalists were, some of them got into trouble with this law. And Rawlings and his (P)NDC used it to create the Culture of Silence in Ghana.

Ghanaians started crying for freedom of expression and on August 2, 2001, the NPP government repealed the Criminal Libel Law.

The, then Acting Chief Justice E.K. Wiredu said he regretted that the criminal libel law had been repealed with no mechanism put in its place, which could therefore, subject it to abuse. He said with the new law, a defendant in a libel case would only risk going to jail after deliberately refusing to pay damages when he or she has the capacity to do so.

Expressing fears that civil libel laws alone may not be enough to protect innocent members of the public from being defamed.

He was labelled as anti-press freedom, but today all his fears have manifested into prophecies, as the media is now used as a platform to speak despicable things against innocent people. Most of these are heavily ladened with lies, fabrication of stories and plain insults with the aim of damaging the reputation of an otherwise innocent person.And even when the Civil Libel Law is being applied,the media fraternity will start screaming, “freedom of expression is being gagged.”To them, the rights and reputation of others do not matter.

Political parties and even some elders who should act responsibly, will rather use such media to destroy opponents.

What is disheartening is the situation where adults who should lead by example will come and tarnish the reputation of other adults with insults and lies, teaching the young ones, irresponsible ways. There were occasions when Paul Adom Otchere came out and spoke about the IGP, Special Prosecutor and Prof. Kwabena Frimpong-Boateng as if they were some unruly and irresponsible children.

Hon. Sylvester Tetteh also used a media platform to insult Prof. Frimpong-Boateng over his report on galamsey in Ghana and asked Ghanaians to discard it. Today that muddy waters of galamsey have reached our chests, I wonder whether Sly, will not take another look at Prof. Frimpong Boateng’s report and come out with fair and responsible comments.

Others like Johnnie Hughes of TV3, in a whole documentary on the Guan district was seen spewing lies about why the district was not yet a constituency and made people believe that the under-development of the district was due to this current government. Aside this, he always appears angry at this government using strong words in whatever he says.

Another person is Captain Smart, who could conjure lies to discredit certain personalities. He will also bring to his studio, people who would lie, with such arrogance, just to distort history. Are these what we are teaching our young ones? Are such adults and elders who openly engage in gross misconducts very alien to our culture,not impacting indiscipline into our youth and children.

In 1999, three traditional areas in this country enthroned and enstooled leaders. The first was Nana Barima Kwaku Dua who was enthroned the Asantehene on April26, 1999 and took the name Otumfuo Nana Osei Tutu II and he sat on the Golden Stool as king of Asanteman and wasand is internationally recognised asking. He is the overlord with over seventy paramountcies. He is therefore a king of kings, no matter how some people will take it.

The second was Daniel Mensah who was enstooled on July 25, 1999 as Dormahenewith the stool name, Osagyefo Oseadeeyo Nana Freduah Agyemang Badu II. He is lord over the four divisions of Abesim, Bomaa, Chiraa and Dormaa.

The third was Odeshie Kwame Boakye Ofori-Atta who was enstooled on October 4, 1999 to become the Okyenhene with the stool name, OsagyefuoAmoatia Ofori-Panin. He is lord over five divisions.

Of these three, Otumfuo Nana Osei Tutu II, has been the leader who is bearing the most unprovocative attacks, and yet had shown unbelievable mark of tolerance and maturity.

In 1999 when he paid a visit to President Rawlings after his enthronement, he had the rude shock of his life, the NDC leader chose to welcome him byangrily pokinghis fingers into the king’s face, accusing him of something he knew nothing about.

Then on at least three occasions, the Okyenhene attacked the Otumfuo’s representatives during social and funeral activities, disregarding the traditional law that who ever holds the staff of a leader and represents him, should be regarded as the leader himself. In the past, these acts, would have been the declaration of war.

An attack on the representative of the Asantehene means a direct attack on the Asantehene and an attack on Asantehene means an attack on Asanteman. Through his maturity and tolerance, the Asantehene ignored every bit of these insults and later would warmly welcome the Okyenhene to establish peace between Asanteman and Okyenman.

On March 6, 2010, Independence Day, Nana Baffour Asare II, the chief of Tuobodom, was kidnapped by persons believed to come from Techiman, over what many said was because theTuobodom chief swore allegiance to the Asantehene. Tuobodom, the capital of Techiman North district, in the Bono East region, is part of Asanteman.

In recent times, the Dormahene has been publicly provoking the Asantehene, with such a great show of disrespect. One of the problems Osagyefo Agyeman-Badu II claims he has, was that rightful title, king, accorded the Asantehene by all discerning people and institutions in Ghana and across the whole world.

The ignorant few who claim there is no king in Ghana, must know that before the Whiteman came, we never called our traditional leaders, chief. The word chief is an English word, which could mean a person highest in authority, so why does the Whiteman not use it on his traditional leader but rather adopt a racist approach and gave it as a title for leaders, so that they do not have common titles with their king? And, here,some Ghanaians are proud of this, with a learned traditional leader championing the course of our colonial masters. What a shame!

Recently, the Dormahene said that his traditional area is greater than Asanteman, something which is a complete distortion of facts. As things stand, there are a lot of paramountcies in Asanteman which are far greater than Dormaa Traditional area, by land size, resources and people.

Here I want to ask, with these open insults and attacks on Asantehene and Asanteman, what are the youth being taught? The same goes for adults who irresponsibly andpublicly insult others. Do these unruly elders know that they are promoting indiscipline in our youth?

So, it came to pass, that a young media practitioner, Afia Pokuaa, on national television, decided to unleash insults on the Asantehene, ending up by saying Asantes feel too highly of themselves and they could secede for all she cared. Looking very confident in her presentation, her mannerism could easily make a foreigner believe that she was speaking the truth. In fact, she was only a few millimetres away from saying, “to hell with the Asantehene and Asanteman,” if she had not said this, off camera in the studio.

The next thing Ghanaians saw, was a timid and humbled Afia Pokuaa, in all black, as if she had just lost her both parents, and on all four, begging for forgiveness in Manhyia Palace, the seat of the Asantehene. But wait, with her right to freedom of expression, she could have stayed away from Manhyia and not gone to apologise, so what happened? Did she realise so soon, the seriousness of her stupidity and had gonetocleanse her sins?

I support the elders for sending her away together with whatever she went to present as sin offerings, without forgiving her. Did they curse her? No, she cursed herself by insulting and lying about an adult. Moreover, if she were pardoned, more youth and some adults will be lining up in Manhyia pleading for forgiveness for some silly things they might have said about the Asantehene and Asanteman.

Back to Osagyefo Agyeman-Badu II. I believe with all that he is claiming he has against the Asantehene, he should have addressed them at the National House of Chiefs on the blind side of the youth. Remember, one of the problems Afia Pokuaa had with the Asantehene was the rift between the king and the chief, blaming Otumfuo for not resolving the issue, when in truth, it was always the Dormahene who has issues, coming with threats and lies. So, it is the Dormahene who Afia should address.

In view of all this, I have a feeling that either we follow Justice E.K. Wiredu’s advice and implement laws that would make anyone wrongfully defaming the character of another, pay dearly for it or we bring back the Criminal Libel Law.

Hon. Daniel Dugan

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