GBA: Stop further 'cocaine' stories on Otumfuo
Gilbert Boyefio
20/10/2006
The Ghana Bar Association has called on all media houses to stop further publication or discussion on unsubstantiated allegations linking the Asantehene to issues involving drug traffickers.
Their contention is that the publications, which many have condemned as mischievous, are generating negative ethnic sentiments which can disrupt peace in the country.
"In view of the fact that the debate has degenerated into an ugly tribal division, the Bar urges the media houses to close further publication or discussion of the matter."
Speaking at its Annual Press Conference to announce the newly elected national officers, Solomon Kwami Tetteh, National President of the GBA, on behalf of the body representing all practising barristers in Ghana, gave what can be described as the most authoritative legal opinion so far on the contention that Otumfuo Osei Tutu II or his 'Secretary' should have appeared to give evidence before the Georgina Wood Committee, which probed, among other things, the whereabouts of over two tonnes of cocaine, smuggled to Tema last April.
"There is no legal duty on any person against whom an allegation is made in the course of an investigation, whether by a committee or a commission of enquiry, the Police or other law enforcement agency, to proceed without any intimation from the investigating body to surrender himself for interrogation," he explained.
He said the Bar considers the right of any citizen or citizens to remain silent to be a constitutional right that must not be begrudged to any citizen whatsoever.
Also, Mr. Tetteh described as unfortunate the threats to the life and persons of four senior journalists for their views on the issue. He said the Bar considers equally unfortunate the threat to lynch those journalists if they dared enter Kumasi.
"Those journalists were exercising their constitutional right of free speech," the Bar Association reminded the public.
The GBA president said that any attempt to impede the entry into Kumasi of those journalists would constitute an invasion of their constitutional right of free movement.
Mr. Tetteh noted that the drug trade poses incalculable danger to the health and security of the country and irreparable damage to the image of the country. The Bar therefore appealed to Government to take urgent and effective measures including resourcing the security agencies, to combat and root out narcotic crimes.
It also exhorted its members and judges to play their respective roles in the speedy disposal of narcotic cases.
On the NAGRAT issue, he said the Bar viewed with concern the spate of strikes in the country and admonished all persons, without exception, to respect and abide by the labour laws of the country, in particular the negotiation, mediation and arbitration of all industrial disputes.
He said the Bar welcomes the ongoing negotiations for new conditions of service for teachers and urged NAGRAT to take its place at the negotiating table. He appealed to them in the mean time to resume work.
Touching on matters affecting the legal profession, Mr. Tetteh said the Bar accept that it must continue to play the lead role in shaping public opinion on matters of public importance, and more importantly, on the neglected issue of falling professional standards and the establishment of the association as a professional body.
"On matters of public importance, the Bar accepts the duty to contribute to debate on national issues but it must be conceded that it is not all matters that the Bar must dabble in," he added.
He cautioned members of the Bar to refrain from media trials of their cases and self advertisement which tend to give a distorted and prejudiced account of such cases to the general public. He said members should rather abide by the time hallowed practice of prosecuting their client's cases in the courts of law, the proper forum for the adjudication of cases.
Mr. Tetteh observed that the system of pupilage should be actively promoted to ensure that young lawyers were properly trained and acquired the necessary competencies and legal skills before they established their own practices.
He said members of the Bar regard the Alternative Dispute Resolution mechanism as an indispensable part of modern legal practice and are encouraged through continuing legal education programmes to actively embrace the concept.
The General Council of the Bar, the General Legal Council and the Attorney General should take the necessary steps to vest in the Bar the power to discipline lawyers, they added.
The Bar called on the Inspector General of Police and the Police Council to educate police personnel, particularly the lower ranks, to accord lawyers adequate respect and assistance when they take instructions from clients held in custody and suspects at police stations.
On international affairs, the Bar welcomed the creation of the African Court of Human and Peoples Rights and exhorted its members to apprise themselves of the rules and procedures of the court and the ECOWAS Community Court of Justice to enable them practice before those courts.
The Bar has also condemned without reservation the genocide in Darfur and urged the International Community to take urgent and effective steps to bring the conflict to an end.
All the old national officers of the Bar retained their post unopposed.
...... GJA support the call
In a related statement the Ghana Journalists Association has supported the call by the Ghana Bar Association for media houses to stop further discussions on associating the Asantehene with the cocaine saga, because it has degenerated into an ugly ethnic rift, which has the tendency to derail the peace of the country.
Speaking to The Statesman, the General Secretary of the GJA, Bright Blewu, said the proposal by the GBA is not a way of gagging the media from reporting on the issue. He said media practitioners should not see it as an infringement of their right to freedom of speech.
He added that there is nothing wrong with the GBA suggesting that media houses stop further discussion of the issue for the law courts to handle the issue which is now before it. "Let the court decide whether to invite the Asantehene because his name came up during its hearing", he stated.
According to him, the Georgina Wood Committee was just a ministerial committee of enquiry, and it did not invite the Asantehene because it did not find the need to do so. He said it is also the fundamental right of the Asantehene, to decide to remain silent on the issue.
Mr. Blewu said the only difference that the continued discussion and debate on the issue will bring to Ghanaians is chaos and separation. "Nurturing democracy needs patience, let's not plunge the country into confusion", he emphasised.
20/10/2006
The Ghana Bar Association has called on all media houses to stop further publication or discussion on unsubstantiated allegations linking the Asantehene to issues involving drug traffickers.
Their contention is that the publications, which many have condemned as mischievous, are generating negative ethnic sentiments which can disrupt peace in the country.
"In view of the fact that the debate has degenerated into an ugly tribal division, the Bar urges the media houses to close further publication or discussion of the matter."
Speaking at its Annual Press Conference to announce the newly elected national officers, Solomon Kwami Tetteh, National President of the GBA, on behalf of the body representing all practising barristers in Ghana, gave what can be described as the most authoritative legal opinion so far on the contention that Otumfuo Osei Tutu II or his 'Secretary' should have appeared to give evidence before the Georgina Wood Committee, which probed, among other things, the whereabouts of over two tonnes of cocaine, smuggled to Tema last April.
"There is no legal duty on any person against whom an allegation is made in the course of an investigation, whether by a committee or a commission of enquiry, the Police or other law enforcement agency, to proceed without any intimation from the investigating body to surrender himself for interrogation," he explained.
He said the Bar considers the right of any citizen or citizens to remain silent to be a constitutional right that must not be begrudged to any citizen whatsoever.
Also, Mr. Tetteh described as unfortunate the threats to the life and persons of four senior journalists for their views on the issue. He said the Bar considers equally unfortunate the threat to lynch those journalists if they dared enter Kumasi.
"Those journalists were exercising their constitutional right of free speech," the Bar Association reminded the public.
The GBA president said that any attempt to impede the entry into Kumasi of those journalists would constitute an invasion of their constitutional right of free movement.
Mr. Tetteh noted that the drug trade poses incalculable danger to the health and security of the country and irreparable damage to the image of the country. The Bar therefore appealed to Government to take urgent and effective measures including resourcing the security agencies, to combat and root out narcotic crimes.
It also exhorted its members and judges to play their respective roles in the speedy disposal of narcotic cases.
On the NAGRAT issue, he said the Bar viewed with concern the spate of strikes in the country and admonished all persons, without exception, to respect and abide by the labour laws of the country, in particular the negotiation, mediation and arbitration of all industrial disputes.
He said the Bar welcomes the ongoing negotiations for new conditions of service for teachers and urged NAGRAT to take its place at the negotiating table. He appealed to them in the mean time to resume work.
Touching on matters affecting the legal profession, Mr. Tetteh said the Bar accept that it must continue to play the lead role in shaping public opinion on matters of public importance, and more importantly, on the neglected issue of falling professional standards and the establishment of the association as a professional body.
"On matters of public importance, the Bar accepts the duty to contribute to debate on national issues but it must be conceded that it is not all matters that the Bar must dabble in," he added.
He cautioned members of the Bar to refrain from media trials of their cases and self advertisement which tend to give a distorted and prejudiced account of such cases to the general public. He said members should rather abide by the time hallowed practice of prosecuting their client's cases in the courts of law, the proper forum for the adjudication of cases.
Mr. Tetteh observed that the system of pupilage should be actively promoted to ensure that young lawyers were properly trained and acquired the necessary competencies and legal skills before they established their own practices.
He said members of the Bar regard the Alternative Dispute Resolution mechanism as an indispensable part of modern legal practice and are encouraged through continuing legal education programmes to actively embrace the concept.
The General Council of the Bar, the General Legal Council and the Attorney General should take the necessary steps to vest in the Bar the power to discipline lawyers, they added.
The Bar called on the Inspector General of Police and the Police Council to educate police personnel, particularly the lower ranks, to accord lawyers adequate respect and assistance when they take instructions from clients held in custody and suspects at police stations.
On international affairs, the Bar welcomed the creation of the African Court of Human and Peoples Rights and exhorted its members to apprise themselves of the rules and procedures of the court and the ECOWAS Community Court of Justice to enable them practice before those courts.
The Bar has also condemned without reservation the genocide in Darfur and urged the International Community to take urgent and effective steps to bring the conflict to an end.
All the old national officers of the Bar retained their post unopposed.
...... GJA support the call
In a related statement the Ghana Journalists Association has supported the call by the Ghana Bar Association for media houses to stop further discussions on associating the Asantehene with the cocaine saga, because it has degenerated into an ugly ethnic rift, which has the tendency to derail the peace of the country.
Speaking to The Statesman, the General Secretary of the GJA, Bright Blewu, said the proposal by the GBA is not a way of gagging the media from reporting on the issue. He said media practitioners should not see it as an infringement of their right to freedom of speech.
He added that there is nothing wrong with the GBA suggesting that media houses stop further discussion of the issue for the law courts to handle the issue which is now before it. "Let the court decide whether to invite the Asantehene because his name came up during its hearing", he stated.
According to him, the Georgina Wood Committee was just a ministerial committee of enquiry, and it did not invite the Asantehene because it did not find the need to do so. He said it is also the fundamental right of the Asantehene, to decide to remain silent on the issue.
Mr. Blewu said the only difference that the continued discussion and debate on the issue will bring to Ghanaians is chaos and separation. "Nurturing democracy needs patience, let's not plunge the country into confusion", he emphasised.
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