Freedom is undermined when legal procedures are flouted
If any government institution can arrest a citizen, then our freedom is in danger. I am not aware that the rules and procedures have changed since I was a senior public servant. Then, only the police could arrest a citizen and I handed over to the police any offender of the laws and serious rules under my institution.
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Of course, citizens could hold or “arrest” a suspected offender but then he or she should be handed over to the police. I am, therefore, surprised when I read of arrests by institutions other than the police. I thought it was an ‘April Fool’ prank when on Friday April 1 I came across this piece in a national newspaper:
“The Ghana Immigration Service (GIS) yesterday arrested seven Pakistani nationals on suspicion that they could be in the country illegally.”
Not all our journalists may be as fortunate with legal knowledge as the veteran Yaw Boadu Ayeboafoh of the Daily Graphic to explain legislative instruments and advise us that no one is above the law. The media should, however, generally promote freedom, justice and democracy and this requires some knowledge of the law and its procedures by journalists.
Knowledge of public institutions is also essential. It is bizarre to inform us that the Ghana Immigration Service arrested foreign nationals “on suspicion that they could be in the country illegally.” A foreigner can only enter or be in the country illegally if the Immigration Service did not do its work properly or if the person takes advantage of our porous borders and avoids the normal entry point.
In a way, the courts are the ultimate guarantors of individual freedom. To do this, it must have appropriate powers. One is the ability to summon witnesses. If a minister, therefore, refuses to appear before a court when requested to do so, he or she should be sanctioned appropriately. The court may order the arrest of the Minister but it has no power to enforce its ruling. In practice, a minister should uphold the law and not flout court orders. The state apparatus or legal procedure should be invoked to maintain the court’s legal functions. The high officials of the administration can frustrate the rule of law and individual freedom if they disregard court rulings and other legal procedures.
Therefore we should demand affirmation from the administration that no one is above the law and court and other orders and legal procedures would be strictly enforced. All political parties should affirm their belief in the enforcement of court orders and legal procedures.
This is a good time to make these demands. We should vote for those who would promote the rule of law and compliance with major rules and regulations.
