LESSONS LEARNT DECADES AFTER THE BRUTALITY AGAINST “KUME

PREKO" DEMONSTRATORS UNDER THE FOURTH REPUBLIC OF GHANA.

GROUP 4 MEMBERS

PAUL MAWULI DANSO - 4120818

JONES IVAN DANSO - 4120918

SOLOMON OHENE DARKO – 4121018

LINDA DEBRAH - 4121118

 CHAPTER ONE: INTRODUCTION

1. Background of the Study

Globally, freedom of assembly, and specifically for processions and demonstrations which is

constitutionally enshrined in democratic states like USA, Britain, France, Ghana, Nigeria,

Gambia etc., is an issue in looking for legal interpretations in every state. Demonstration

involves the right to hold and express opinions and beliefs; to assemble peacefully and to

associate with others in a march or stand together to show that the group disagree with or support

an issue. Therefore, demonstrations offer people the opportunity to petition the authorities

peacefully and are natural channels for a wide range of legitimate complaints and grievances. It

should be perceived that demonstrations occur in many contexts and are inspired by a highly

diverse range of moral, environmental, religious, political, economic, and social concerns which

in recent times, very large demonstrations have been linked to economic, social, and political

uncertainty and upheaval in many countries. Currently, there is a global experience on one of the

longest continuous periods of civil unrest in generations which according to the guardian news,

the rate at which demonstrators are brutalized is high. 1 It is further argued that more than 950

incidents of brutality against demonstrators and civilians were documented from July to October

2020.2 For instance, members of the Moms United for Black Lives Matters were brutalized

during a demonstration in Portland, Oregon in 2020. Also, during the Communist era, the
1
Tobi Thomas, Adam Gabbatt and Caelainn Barr, Nearly 1,000 Instances of Police Brutality Recorded in Us Anti-
Racism Protests, (2020), www.theguardian.com. Accessed March, 2022.
2
Ibid.
Communists used Police force which highly caused insecurity in the life of the people during the

presidency of Boris Yelstin of Russia.

In Africa, there have been several occasions where security personnel have taken laws into their

hands. Historically, on 7th of September 1992 in South Africa around 80,000 protesters gathered

outside of Bisho, the capital city of its Eastern province, and demanded an end to the military

government of Brigadier Joshua Gqozo and the province’s incorporation into South Africa.

Soldiers then opened fire, killed 28 protestors and one soldier, and injuring over 200 others. 3 On

16th of August, South African police opened fire on some miners who were armed with machetes

and sticks at Lonmin's Marikana platinum mine, killing at least 35 people. In the days leading to

the massacre, 11 people were killed allegedly by mine workers. 4 Also, just recently in August

2020, Nathaniel Julius, a young South African citizen was murdered by police officers in

Eldorado park police station in Soweto. Information gathered from his neighbour stated that,

Nathaniel had been suffering from Down Syndrome and did not respond to the officer’s

command and that resulted in a gun shot in his head and chest. Authorities have reluctantly

ignored answers posed by the victim’s parent. Also in Kenya, Demas Kiprono, a lawyer at

Amnesty International Kenya shared a view that roughly 20 people have been murdered by the

police during the recent COVID-19 curfew. Brutality against demonstrators is on the verge of

becoming rampant and there is quite some evidence to back the argument which the situation of

Ghana is not different from that of the continent. According to the annual statistics from the

independent police Investigation Directorate (IPID), 538 people died from police brutality

3
South African History Online, “South African major mass killings timeline 1900-2012,” April 1st 2022,
< South African major mass killings timeline 1900-2012 | South African History Online (sahistory.org.za) > ( May,
31st 2022).

4
Ibid
between 2017 and 2018 and 440 deaths between 2018 and 2019. 5 In Sudan recently, security

forces were accused of brutalizing demonstrators against the military in Khartoum demanding

the restoration of civilian rule after the military coup on October 2021. 6 The “#ENDSARS”

protests in Nigeria,7 the 2019 Malawian protests,8 the 2017-2018 Togolese protests and many

others are typical reflections of the plague of brutality against demonstrators in Africa which

Ghana is not exceptional for that matter.

In Ghana after the transition from military rule to democratic government, demonstration has

been pivotal and the brutality against demonstrators has been an aspect of the country’s political

and democratic history. Historically, brutality in Ghana against demonstrators can be traced way

back to the period of colonial rule. The work of Pokoo Aikins captures the causes and impact of

the event as follows:

A movement sprung up in 1948 when certain ex-servicemen marched peacefully

demonstrating from Accra to Christianborg Castle to present a petition to the British

Governor and Commander in chief of the Gold Coast. Their plea was about the living

standard and certain gratuities which were considered small after promises made to them

before the WWII. These men agitated and insisted on handling the petition to the

Governor himself, they were intercepted by armed policemen led by British

Superintendent Mr. Collin Imray who was in charge of Accra District. Subsequentially

5
Republic of South Africa, Independent Investigative Police Directorate, Annual Report 2019/2020, Vote No. 20
November 9, 2020 p. 45
6
BBC NEWS, Sudan Crisis, (2021). www.bbc.com/news/world-africa-59795213.amp. Accessed March 2022
7
Emmanuel Akinwotu, ‘’The lights went out and the shooting started’: #EndSars protesters find no justice one year
on’’, Monday November 1 2021, < https://www.theguardian.com/global-development/2021/nov/01/nigeria-end-
sars-protesters-find-no-justice-one-year-on#:~:text=At%20least%2012%20people%20were,in%20or%20waving
%20Nigerian%20flags.> (17th march, 2022).

8
Joseph J. Chingua, “Malawians support 2019 post-election demonstrations but split on government power to limit
protests”, Afrobarometer Dispatch No. 354 (2020): 1-11.
 there was rise in temper and the ex-service men on their protest resisted all forms of

police instructions. This led to shooting of some personnel that claimed many lives,

notably, Sergeant Adjetey, Corporal Attipoe and Private Odartey who are believed to be

leaders of the group. Law and order broke down in Accra and other parts of the country

when lots of shops were looted and anarchy set in. This encouraged anti-colonial

movements to press the British government to institute investigation into the killings and

general disorder.9

Similarly, decades after a smooth and peaceful transition from a military regime to uninterrupted

constitutional democracy, Ghana has faced numerous cases of brutality against demonstrators in

the fourth republic. There is however, a prevailing liberal atmosphere which facilitates the

practice of democracy in Ghana. For instance, with reference to the 1992 constitution of Ghana

on fundamental human rights and freedom, chapter five, article 21 clause section 1(d), promote

and implement human rights encompassed with general fundamental freedoms and participation,

which could be seen in the diversification of the freedom of assembly that allows citizens to

participate in processions and demonstration discourses. 10 But despite the freedoms of assembly

and other fundamental human rights enshrined in the 1992 constitution of Ghana, the opportunity

given to the citizens by the constitution to partake in processions and demonstrations have been

hampered since demonstrators are brutalized decades after the successful transition.

The study then examines the lessons learnt decades after the anti-government demonstration that

occurred under the fourth republic of Ghana in 1995, led by Charles Wereko Brobbey and others

who were brutalized as a result of taking an opposing stance to the Value Added Tax (VAT)

9
Aikins J.B. Pokoo, The police in Ghana; 1939-1999, Accra: 2002, pp. 8-9.

10
1992 Constitution of Ghana.
initiative which was introduced under the Jerry John Rawlings administration. Brutality against

demonstrators has become a broader concern to the country’s national development but no

exercise seems to have drawn lessons from it decades down the line. After the 1995 “Kume

Preko” demonstration in Ghana, there have been several instances of brutality against

demonstrators by security service in Ghana that resulted in a certain form of confusion and in

some cases people lost their lives and many sustained injuries. The “kume Preko” demonstration

of was an opposition to a VAT tax by the then government of Jerry John Rawlings, held in Accra

on 11 May,1995. Those at the forefront of the protest were Dr. Charles Wreko Brobbey, Akoto

Ampaw, Kwesi Pratt, Nana Addo Dankwa Akuffo Addo, Abdul Malik kweku Baako, Victor

Newman, Nyarko Tamakloe, kwaku Opoku, Napoleon Abdulai who were also joined by some

other 100,000 people. The demonstration resulted in brutality by the ACDR of the Rawlings

regime in which eight (8) people were killed and several others brutalized. 11 Therefore, it is

against this background that it becomes very necessary to study the lessons learnt decades after

the brutalization of Kume Preko demonstrators in the fourth republic of Ghana.

1.1 Problem Statement

Several case studies documented outside Ghana disproportionate and illegal brutality against

demonstrators causing hundreds of deaths and injuries although both regional and international

bodies have stated to elaborate standards on brutality against demonstrators which have remained

a concerning gap and a posed question. The rate at which brutality against demonstrators is on

the surge irrespective of the Constitution of Ghana postulation under Article 21 (1) (d) on the

freedom of assembly to processions and demonstration, is very appalling. 12 Despite numerous

11
Research Directorate, Immigration and Refugee Board, Canada, “Ghana: Information on a demonstration held in
Accra on 11 May 1995”, 1 February 1996, <https://www.refworld.org/docid/3ae6ab3b77.html > (February 12,
2022).
12
Ibid.
concerns raised against brutality against demonstrators in the globe which Ghana is not

exceptional with these cases, lessons have not been learnt on brutality against demonstrators in

Ghana; example includes the situation of let my vote count alliance, the movement for better

Ghana, dumsor demonstration, the killing of one #fixthecountry demonstration activist at Ejura.

Also, the cause of brutality against demonstrators in the fourth republic of Ghana has not been

identified since the attention of looking at the exact causes of this situation have not been done

which is very problematic. Furthermore, the freedom of an assembly to demonstrate as enshrined

in the constitution has been silent looking forward to interpretative clarifications for the past

decades, therefore, the rights to freedom of expression and freedom of peaceful assembly

integrate permissible limitations, determining the precise contours of what constitutes accepted

assembly requires interpretation.13 The research seeks to address some of the gaps in public

debate about the state responsibility towards the protection of the right to procession,

demonstration and assembly. The legal interpretation on the right to demonstrate as against

brutality against demonstrators has also not received much attention making it a problem to the

national development. Therefore, there is a need to bring into existence measures to fight against

demonstrators’ brutality in Ghana.

These brutalities against demonstrators are, therefore, everywhere not only in Ghana and it needs

to clear up from the country as if continues in this manner, many innocent souls will lose their

life while it also undermines the national development and threaten the peace of the country. The

study aims to set a guideline to prevent future brutality against demonstrators. Moreover,

scholars have written extensively about demonstrations and brutality but surprisingly similar

work has not been done on lessons learnt decades after brutality against “Kume Preko”

13
Ibid.
demonstrators under the fourth republic of Ghana.14 15 16
These scholars were unable to discuss

the lessons learnt so far pertaining to brutality against demonstrators which Scholars like Ansah-

Koi for instance, contended that the backgrounds or the precipitating factors for resort to police

brutality are when Police are provoked, and thereby deliberately harming or shooting to kill, and

also the declared or manifest objective of the police’s resort to force is a result of revenge; show

of power or to get even.17 Similarly, Commey also revealed that judicial inefficiency and slow

delivery of justice is a root cause of police brutality and that violent demonstrations are the

consequence of mistrust of the police service and the legal systems. 18 According to Justice

Tankebe the police in Ghana is a colonial creation. Its militaristic style which was used as an

instrument in achieving the interest of the colonial government was replicated in the post-

colonial period as an inheritance of state and political elites. 19 Many citizens in the communities

have wondered whether the security is there to protect their interests or the interest of state as

many officials caught in the act are left unquestioned and are not trialed before the law court, the

line between totalitarian and democratic governance therefore becomes blurred. 20 It is, therefore,

against this backdrop that it becomes very necessary to study lessons learnt decades after

brutality against “Kume Preko” demonstrators under the fourth republic of Ghana.

1.2 Research Objectives

14
Francis K. Buah, “The History of Ghana”, London: MacMillan Publication (1998).
15
Kumi A. Koi, A NOTE CN POLICE VIOLENCE IN POST-COLONIAL GHANA, Michigan State University: n.d.
16
Alfred Commey, “An Overview of the Police-Public Relationships in Ghana”, SSRN Electronic Journal, (June
2020) p. 1-12.

17
Ibid.
18
Ibid.
19
Justice Tankebe, “In Search of Moral Recognition? Policing and Eudaemonic Legitimacy in Ghana”, Law and
Social Inquiry, Vol. 38, No. 3, 2013, pp. 576-577.
20
Cao Liqun, ‘‘Curbing Police Brutality: What Works? A Reanalysis of Citizen Complaints at the Organizational
Level,’’ p.2.
The main objective of the study is to ascertain if lessons have been learned decades after the

brutality against the “Kume Preko” demonstration under the fourth republic of Ghana. The study

also seeks to interrogate the following specific objectives.

1. To find out the causes of brutality against demonstrators in the fourth republic of Ghana.

2. To find out the legal interpretation of Article 21 (1) (d) of the 1992 constitution of Ghana

as against brutality against demonstrators

3. To find out the measures to stop brutality against demonstrators under the fourth republic

of Ghana.

1.3 Research Questions

To achieve all the research objectives of the study as set above, the researcher seeks to formulate

the following questions.

1. Have lessons been learnt decades after the brutality against the “Kume Preko”

demonstration under the Fourth Republic of Ghana?

2. In what ways can we determine the causes of brutality against demonstrators in the fourth

republic of Ghana?

3. In what manner can the legal interpretation of Article 21 (1) (d) of the 1992 constitution

of Ghana as against brutality against demonstrators be examined?

4. What are the measures to stop brutality against demonstrators under the Fourth Republic

of Ghana?

1.4 Research Design and Method of Study

The research would adopt the qualitative research methodology in the conduct of this study. It

should be perceived that the qualitative research design is appropriate for the attainment of the
research objectives of this study. It is appropriate when an in-depth understanding of phenomena

and other research questions is needed. The study would rely largely on both primary and

secondary sources of data from interviews, journals, books, articles, graphics, online graphics

and other publications. The Primary data would constitute the responses from the interviews that

will be conducted and the archival materials whereas the secondary data would come from the

literature that would be perused and online materials. The study would also adopt an explorative

research design which would enable the researcher to explore the past to find out the lessons

learned decades after the brutality against “Kume Preko” demonstrators under the fourth republic

of Ghana.

The study would use the purposive sampling technique in choosing the sample size for this

study. When following a qualitative research design non -probability sampling techniques like

purposive sampling provides researchers with strong theoretical reasons for their choice, cases or

units to be included in the sample. The study would adopt the purposive sampling technique

because of the expert knowledge that would be required to respond to the interview questions.

Therefore, purposive sampling is to focus on particular characteristics of a population that are of

interest which will best enable answer the research questions. Expert sampling would be used

under this research because the researcher needs to glean knowledge from individuals that have

particular expertise on issues pertaining to demonstrations in Ghana. This expertise may be

required during the exploratory phase of qualitative research, highlighting potential new areas of

interest or opening doors to other participants. Alternately, the particular expertise that is being

investigated may form the basis of the research, requiring a focus only on individuals with such

specific expertise.
The target population of the study would comprise different groups of people who are directly

involved in activism. This population is a target because they will be most appropriate to answer

the research question through which they would help achieve the research objectives of the

study. The target population of the respondents would be legal practitioners, educationalists,

activists, politicians, and security personnel in Ghana. The intended sample size for the study

would be thirty. The data that would be collected from the respondents through the interviews,

archives and online graphics materials would be analyzed following the principles of qualitative

data analysis, which is narrative. The data collected would, therefore, be streamlined, presented,

and analyzed objectively.

1.5 Significance of the Study

The research would seek to ensure a safe environment for national development and satisfaction

in the future. Agencies engaged in demonstrators’ brutality may not be aware of its causes and its

impacts on national development as a country. It should be noted that the findings and

discussions of the study provide various agencies and stakeholders with the necessary

information on the cause and how important the country as a whole should learn lessons from

demonstration brutality. It may also be important in educating demonstrators by creating

awareness through public education.

The research would also contribute to the existing body of knowledge on brutality against

demonstrators and fill gaps for further research on the same. Therefore, the study would serve as

reference material by future researchers dealing with related studies.

SCOPE OF THE STUDY

The Ghanaian state we see today was hitherto disintegrated into a complex of small states

without a unified identity until the British extended their jurisdiction over it to make it a concrete

state. The post-independence era in Ghana until the fourth republic was characterized by political

instability and authoritarianism making the nation devoid of fair democracy. From 1992 (the

fourth republic), Ghana assumed a democratic republic and has been acclaimed as a peaceful

nation. However, the issue of security services brutalizing civilians seems to make the country’s

democratic status and acclamation of peace a paradox. We therefore find it necessary to place

our study and questions in the fourth republic Ghana.

1.6 Organization of the Study

The study would be presented in four chapters. Chapter one, the introduction would provide the

background of the study, problem statement, research objectives, research questions, research

design and methods of study, the justification or significance of the study, the scope of the study,

and organization of the study. Chapter two of the study would do a thorough literature review

where the various relevant and available literature of the study will be reviewed and analyzed.

The chapter would also point out the literature gap that has been left unfilled by the existing

literature for which the study fills. Findings and interpretation of the study would be found in

chapter three which would respond to the research objectives. The chapter would prove answers

to the research questions by analyzing data through interviews while chapter four would deal

with a summary of the findings and conclusion.