Judges In Ghana Do Not Pose A Threat To Free Speech

The judges hearing the 2012 presidential election petition do not pose a threat to fee speech in Ghana.


Such is the importance of the matter before them, that they have a duty to ensure that their constitutional role as arbiters of disputes in society, is not undermined,   under any circumstances.


We must not forget that the dark forces ranged against our nation are waiting in the shadows - hoping to be hired to cause mayhem after the Supreme Court delivers its verdict.


If,  in protecting the authority and dignity of the Supreme  Court - vital ingredients in the  manifestation of  the independence of the judiciary  as a countervailing power in our democracy -  they have to use their power, to sanction  those who make prejudicial comments  on the matter before them, which could undermine public confidence in their  ability to arrive at an impartial verdict, it should not be misconstrued as a curtailment of the freedom of expression in Ghana.


Media houses in Ghana have  a responsibility to ensure that journalists in their employ, who file reports for them on proceedings in the law courts,  understand clearly the rules governing what can and cannot be published in newspapers,  or aired in   radio and  television programmes,  about court cases being heard by judges in Ghana.


Whiles one has sympathy for Mr. Ken Kuranchie and Mr. Atubigi on a purely human level, those who have the privilege to write in newspapers and take part in radio and television discussion programmes,   must always remember that they must never make statements that either undermine the judiciary  or are likely to lead  to instability  in Ghana.


Above all, the time has come for those involved in politics in Ghana to be more responsible in what they say in public. Nothing must be done or said by them  that could  lead to chaos and violence  in Ghana.


We must all help to preserve Ghana's international reputation as a haven of peace and stability in sub-Saharan Africa.


That global reputation  inspires confidence in our nation amongst  investors who seek emerging markets to invest in - and it is investment that creates jobs for Ghanaians.


The right to free speech ought  not to  be taken advantage of,  to make  irresponsible  statements that cause fear and panic in society,  as well as  have the potential to  destabalise our nation -  whiles  undermining  public confidence in our democratic institutions.


Although it is not a perfect system of government, constitutional democracy is better than all the other systems of government known to humankind,  because it is underpinned by the rule of law,  guarantees the liberties of the citizenry,  gives them the right to elect their leaders,  and to hold those leaders  to account when elected.


We must protect Ghanaian democracy from those irresponsible individuals whose deliberate  carelessness in what they say in public could end up destroying  it.


No well-trained  journalist who is  professional and ethical in his or her work, need worry about being sanctioned by any judge in Ghana, in reporting  court cases.


In demanding responsible comment  from the public,  about the 2012 presidential election petition before them, the panel of nine judges are not curtailing freedom of expression in Ghana.


On the contrary,  in sanctioning those who comment in irresponsible fashion  on the election petition before the Supreme Court,  in a manner likely to undermine public confidence in the judiciary,  ultimately,  the nine judges hearing that case  are protecting the freedom of ordinary Ghanaians -  and in essence ensuring their right to continue  living in a peaceful and stable nation.


Privileged individuals who are either so power-drunk,   or so  lustful for political power that they are prepared to make irresponsible public statements, regardless of the fact that what they say could lead to widespread chaos and violence in Ghana, pose a real danger to society.


If judges can make an example of such individuals,  and stop others from following in their footsteps, when the opportunity to do so presents itself to the judiciary, that should never  be misconstrued as  a threat to freedom of expression in Ghana. Under our system,
judges in Ghana do not and can never pose a threat to free speech.


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