Nothing good ever comes of violence – Martin Luther King
Avid readers may have read: “The law is a (n) ass-a (n) idiot…” Charles Dickens in his book ‘Oliver Twist’ writes: “It was all Mrs. Bumble… Mr. Brownlow (remarked)… The law supposes that your wife acts under your direction… If the law supposes that… the law is a (n) ass…”You can interpret this piece to mean the law cannot be trusted to be sensible or fair. Or that the law supposes that everyone knows the law.
A Writ of Summons was filed on a day this month. The Plaintiff is Daniel Marfo Ofori-Atta, Secretary to the Okyenhene. The Defendants are Hopeson Yaovi Adorye and Media General Limited. Reliefs being sought: A Declaration that the words uttered by the 1st Defendant on 2nd Defendant’s platform and set out in Paragraph 7 of the statement of Claim are Defamatory of the Plaintiff, Recovery of GH¢10,000,000 as General Damages…; An apology for and refraction of the words complained of; Perpetual injunction…; Costs.
Damages of GH¢10,000,000 will mean a gargantuan lump sum as fee to enrich the Judicial Service. The Plaintiff’s claim includes the allegation that Ofori Atta co-authored a controversial document known as ‘Agyapadie Book’… “I have the name of the writer. His name has been mentioned here.
He is my very good friend… planning to monopolise Ghana’s gold deposits, questioning their integrity, and loyalty to the nation…” Ofori Atta says the Agyapadie Book is a “propaganda piece”. If you ask: “what is happening”, you may be justified. Of course, it is “safer” to resort to the law courts.
The lawyers for both parties are expected to take good note of Defamation Act 2013 and the 1992 Constitution, Article 21 (a) All persons shall have the right to freedom of speech and expression, which shall include freedom of the press and other media.
And the defences: limitation period of 2 years; reliance on the ground of justification or truth; reliance on the ground of honest opinion; innocent dissemination OR triviality (the plaintiff is not likely to suffer any harm) see S.54 of Act 459; see also: Benjamin Kwasi Duffour v Bank of Ghana (2019) 107042 (CA).
The lawyers may also ask themselves whether this law of Tort shall open a can of worms (a complicated situation in which doing something to correct a problem leads to many more problems, thus convoluting the problem.
Or the Lawyers “bottle up” or open a Pandora’s box? Sorrily, let us state that we do not come close to ever seeing GH¢10,000,000.00 in our life so we should suspend (Not stop) the discussion of the Agyapadie.
Comes in Bryan Acheampong, MP for Abetifi. His gargantuan philanthropic work is legendary; a 150kv generator to the Presbyterian College of Education at Abetifi; over GH¢820,000.00 to Afram Plains North, Afram Plains South, Abirem, Mpraeso, Nkawkaw, Abetifi and Suhum; supporting the construction of over 100 boreholes in Abetifi, Pampaso, Nkwatia, AkwasihoDwerebease and Sumunase; presentation of farm inputs worth over GH¢500,000.00 to 6,000 farmers; donation of 642 sewing machines and 26 hair dryers to the Dressmakers and Hair Dryers’ Association
By comparison, our offer of lunch for all the Electoral Officers (plus the NPP and NDC delegates) of the few villages around us (near Kumasi) and a vehicle to boost up Constituency work pale into insignificance. So, we concede Bryan Acheampong deserves a fair share of the ‘spoils of war’.
Bryan appears to be a financial mogul; he bought Okwahu United Football Club; built a magnificent hotel at Abetifi and ‘nearly’ bought SSNIT’s Labadi Beach and other hotels as a Minister of Agriculture after returning home from the United States of America where he had a stint (2004-2006) in the U.S. Air Force as a cook (no matter whether an infantry man, musician, telephone operator – he was in the U.S. Army) and becoming MP for Abetifi, since 2017, Minister of State at the Presidency for Interior.
Bryan’s military background might have energized him to talk tough; the NPP will “win the upcoming elections by all means”, Fair or foul? The witches in Shakespeare’s ‘Macbeth’ sing around a cauldron: “Fair is foul and foul is fair, hover through fog and filthy air. Come what may, time and the hour run through the roughest day…”
Then, at the health walk at Mpraeso on April 8, 2024, later repeated at Abetifi and on Saturday, August 10, 2024 at Nsawam Bryan bellows in a thunderous voice: “I have said that whether the NDC likes it or not, they will never win the (2024) elections… You can check their records… Go burn the sea (Ko hye po). “NPP will never hand over to NDC…” Is it a threat, intimidation or arrogance? We cannot say. So, we ask: Should the good people of Ghana genuinely vote for NDC, what will the NPP do?
NPP commentators will be quick to defend the statement by Bryan. Those of us with leanings towards the right will be expected to toe the line. Where are our principles? Justice, fairness … patriotism.
Then we remember what we wrote when In July 2015, we condemned Honorable Mark Wayongo, Interior Minister for asserting that “Violence begets violence” following the clash of two rival groups in Talensi, justifying his statement thus: “…Azorka Boys will not act violently if they are not provoked; the other side also brought in some people … the Invincible Forces, the Bolga Boys … what I mean is that if you are a peace lover and someone comes to attack you, definitely you have to protect yourself”.
The NDC Deputy National Communications Officer in a strong reaction “…if (Bryan) is truly a man, let him refuse to hand over power (when NDC wins) and he will see what happens. When iron meets iron you will see fire”.
An eye for an eye and … President Mahama reminds us … NDC has “revolutionary roots” Dr. Ernest Adu Gyamfi; Chairman of The Peace Council calls for “a peaceful campaign devoid of personal attacks, name-calling, insults, personality attacks and other indecent campaign practices…” Most Rev. Matthew Gyamfi, President of the Catholic Bishops Conference has “called on politicians to exercise decorum in their utterances ahead of the 2024 general elections.
He stated “That arrogant attitude of speaking to hurt people should stop. Who are you to tell Ghanaians that you won’t hand over power?” What else should we say?
The Rwandan pogrom that led to the genocide – one million people killed erupted at a Radio Station (Libre des Milles Collines) when one commentator used the “dehumanizing words” of “inyenzi” (cockroaches) and “inzaka” (snakes) against the Tsutsis. Asem mpe nipa, onipanaopeasem (Trouble doesn’t look for people; people rather look for trouble), the tortoise advises us.
