Mob Justice; Mother Ghana

One of the disturbing features of mob justice in Ghana is the growing threat of brutality as a way of dealing with suspected wrongdoers like thieves, pick-pockets, armed robbers, rapists, etc. in a society. This wicked approach of seeking justice in Ghana undermines the rule of law and the administration of justice in the country. Mod justice also known as instant justice is an instant infliction of bodily and mental pain, suffering or death on a person arrested, or physically overpowered, as punishment for his alleged wrong as he is so subdued (Attafuah 2008). It can also be described as a practice in which the community uses violence either by necklacing or stoning to death those who rob, rape and commit other crimes in their areas (Minnaar, 2001:1).

With the dissatisfaction of people in the system of justice, they always want to deal with issues themselves. This has ended up killing a lot of people in the country. There have been allegations of corruption in the judiciary over the years. This is undeniably one of the reasons Ghanaians have lost faith and trust in the system of justice in the country; hence taking laws in their own hands. Whether the victim is guilty or not, it has been extremely hard for people to refuse to admit that mob or instant justice is wrong. It was sad and unfortunate that it took the life of Major Mahama for people to become conscious of how bad mob justice is. Mob or instant justice is awful and need to be stopped in this country. It makes the society or community unsafe for everyone especially for visitors or strangers. Even though, it does not feel safe, for example, for a victim to see the person who stole, rob or rape her walking in the neighborhood the next day, it’s sad when people always want to accuse or blame other people or innocent suspects when they are being stolen or rob at any least suspicion of what they may regard as a criminal act. Accordingly, it must be proven beyond reasonable doubt under the Ghanaian criminal laws that a person charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty. Corresponding to the alleged corruption in the judiciary over the years, many Ghanaians describe this process as a waste of time and energy, with believe and a saying ‘Justice delayed is justice denied’.

However, there have been many instances in this country in which the system of mob justice proved to be wrong and inaccurate. The system of mob justice is based on what people say which could be false rumours and spread of lies without any detailed and proper investigation. There is enough evidence to support the fact that many lives in this country have been lost due to this mob justice system. In most cases, people always try to blame the victim for something in order to justify their actions, even when the injured party turned out to be a mistaken target. This shows the frequent number of innocent people being killed in our communities.

Awuku and Ampomah (2017) in an article titled “Curbing mob injustice in Ghana - the role of the media” revealed an incident that nearly cost her life through mob justice. According to the authors, it was a usual Saturday morning and she decided to get a few foodstuffs for home which was her normal routine. On arrival at the Makola market, she hurriedly pushed herself through the crowd, purchasing her items. Satisfied with the tomatoes she had bargained for from the first vendor, she moved to the next item on her list. She got to a vegetable stand only to notice everyone pointing fingers at her. A crowd was suddenly neck lacing her. “She is the one, she is the one who stole the tomatoes”, they exclaimed! And in a twinkle of an eye, she received two heavy slaps from one built man. She cried out “I didn’t steal anything”, trying to defend herself but was pushed from behind and was in total disarray and shock (Awuku and Ampomah, 2017). If not for the timely intervention of the woman she bought the tomatoes from, she would have been buried long ago.

Siyavuya (2014), in an article titled ‘Pupil, 17 killed by mob after burglary accusation’ also reported a painful incident in which a 17 year old boy, who was in Grade 6, was killed when he was beaten after being accused of stealing a cellphone, which was not in his possession. The boy’s mother said after the killing: ‘They did not find a cellphone in his possession’ (Siyavuya, 2014). This is one of the reasons why instant or mob justice should be condemned because unjust judgements are made without coming to a sensible conclusion that the offence has been committed.

Mob justice affects the entire community or nation negatively especially with people who watch this kind of brutality. People who watch this kind of brutal killing are exposed not only to blood and death, but also to the violence that takes place during the killings (Baloyi, 2015:3). This can result in breeding a family, a community and a nation that will not fear to shed human blood. The more people especially children are exposed to the violence that is confined within mob justice, the more we breed the next generation of people who will have less or no respect for human life (Ibid:3). It is hard to imagine that, in most cases, teenagers and other young people are always at the forefront of the neck lacing and burning of human bodies. It is cruel and abnormal to see a person being dragged through the streets and finally burnt or publicly killed. The traumatic experiences people go through alone due to this unspeakable act are unbearable. It is clear that looking at a body which was burnt or killed by a mob, or watching it happen, is traumatising on its own besides the status of the victim in his own family (brother, uncle, father or breadwinner, etc.). This affects the victim family’s health, emotional and psychological well-being.

This practice clearly violates the articles in the Universal Declaration of Human Rights. Article 10 of the Universal Declaration of Human Rights state that, “everyone is entitled in full equality a fair and public hearing by an independent and impartial tribunal in the determination of his rights and obligations and of any criminal charges against him” (United Nations Human Rights, 1996).

Killing of suspected criminals is an offence to the Constitution and rule of law in Ghana. Chapter 5 of the 1992 Constitution of the Republican of Ghana makes provision of protection of fundamental human rights and freedom. Article 13 of the constitution ensures the protection of right to life. Clause 1 of article 13 states that: “No person shall be deprived of his life intentionally except in the exercise of the execution of a sentence of a court in respect of a criminal offence under the laws of Ghana of which he has been convicted” (Constitution of Ghana, 1992).

It is only the court that has the power to order that the life of a person convicted of a criminal offence liable to be punished. Article 15 (1) stipulates that “the dignity of all persons shall be inviolable” (Constitution of Ghana, 1992). Clause 2 states that “no person shall, whether or not he is arrested, restricted or detained, be subjected to (a) torture or other cruel, inhuman or degrading treatment or punishment; (b) any other condition that detracts or is likely to detract from his dignity and worth as a human being” (Constitution of Ghana, 1992). Article 15 (3) of the Constitution also state that “a person who has not been convicted of a criminal offence shall not be treated as a convicted person and shall be kept separately from convicted persons” (Constitution of Ghana, 1992). Article 19 (2) (c) also states that, a person charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty (Constitution of Ghana, 1992). These are clear and understandable provisions.

However, several people in Ghana may have heard about Human Rights, but may not know what it means. Public awareness must be created to eradicate mob justice that has plagued our nation despite these clear laws. The government must start this awareness campaign in schools by educating the young once on the consequence of mob justice. The government of Ghana must start educating people about Human Rights and the benefits of protecting these rights. The government must strengthen and improve the justice system of Ghana to avoid people from taking the law into their own hands. Political, traditional and religious leaders must start organising people to meet and discuss issues of mob justice, and come up with ways demonstrating the significance of helping our justice system, as well as deterring people from taking the law into their own hands. The Ghana police service must be resourced and fully equipped to enable a rapid response whenever they are called upon to help eradicate crimes in our communities. There must also be a reliable emergency number of the police serve for people to call (instead of gathering angry young men and women to beat and kill suspected criminals) whenever there is a crime or suspected crime in the community. This may serve as a secure way of involving the entire community in assisting the police to curb violence and crime in the country.

BY CAESER KANJIRI NIBELLI

References:
Attafuah, K.A. (2008). Fighting Armed Robbery in Ghana. Accra: Ghana. The justice of Human Rights Institute, Adjabeng Road, Tudu.

Awuku Mabel D. and Ampomah Patience (2017) Curbing mob injustice in Ghana - the role of the media. www.ghana.gov.gh

Baloyi Elijah (2015) The Christian Church’s Role in the Escalating Mob Justice System in our Black Townships – An African Pastoral View

Government of Ghana, (1992). The Constitution of Ghana. Accra: Assembly of Ghana Publishing Ministry of Local Government and Maks Publication & Media Services, (2006). Kumasi metropolis Available at http://www.ghanadistricts.com/districts/?r=6&_=87&sa=2376

Minnaar, A., 2001, The new vigilantism in post-April 1994 South Africa: Crime prevention or expression of lawlessness, Institute of Human Rights and Criminal Justice Studies, Technikon SA.

Siyavuya, M., 2014, ‘Pupil, 17 killed by mob after burglary accusation’, Cape Times, 24 July, 2014, p. 1.

United Nations Human Rights, 1996-2014