Wednesday, March 17, 2010

UNITED WE STAND, DIVIDED WE FALL (MARCH 17, 2010)

THE actions of certain individuals in the country give the impression that we are gradually returning to the state of nature. We seem to be groping in the dark, struggling to find a way out of the national development dilemma because some of our conpatriots refuse to play by the rules.
On our roads and in our schools, at our workplaces and in our communities, the indisciplined have decided to hold majority of law-abiding citizens to ransom.
To the few lawless citizens in our society, the rule of law is an utopian concept or, at best, an ancient ideal discussed by ancient Greek philosophers such as Plato and Aristotle. They do not consider it a fundamental principle which forms the basis of the “foundation of a civilised society”.
Somehow, the lawless elements think we are still in the state of nature where might is always right.
Last Monday, supporters of the National Democratic Congress (NDC) and the New Patriotic Party (NPP) clashed on the premises of the Cocoa Affairs Court in Accra when Nana Darkwa Baafi appeared in the court for allegedly publishing false news with intent to cause alarm.
There have been other instances of communal violence with dire consequences for parties in dispute because they refused to submit to the time-tested values of respect for the law and peaceful co-existence.
The behaviour of the supporters of the two major political parties in court was uncalled for and could have been avoided if the parties have faith in the rule of law.
We urge our people to respect the authority and independence of the judiciary because it is adequately clothed to deal with any matter before it. The opportunity also exists for those who are aggrieved by the ruling of the court to appeal to a higher court.
Communal violence in our communities can be attributed to our inability to tolerate divergent opinions. We are prepared to strike our opponents dead on account of diverse political beliefs, unmindful of Votaire’s admonition to all, “I may detest your views, but I will not prevent your right to express them.”
Article 12 Clause 2 of the Constitution states, “Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in the chapter but subject to respect for the rights and freedoms of others and for the public interest”.
The Daily Graphic reminds the people of the appeal made by President J. E. A. Mills at the national prayer and thanksgiving service last Sunday to Ghanaians to bury their differences in the supreme interest of national unity and progress.
We have a lot to gain from binding together and a lot to lose if we continue to divide our ranks along partisan considerations.
We do not think that everybody is happy with the performance of the judiciary but the opportunities exist for judicial view from the lowest court to the highest court of the land. So long as we share in the views of constitutional theorist A.V. Dicey on the rule of law, we will avoid the resort to self-help whenever we want to air our grievances.
Indeed, Dicey places emphasis on three aspects of the rule of law, which postulate that “no one can be punished or made to suffer except for a breach of law proved in an ordinary court; no one is above the law and everyone is equal before the law regardless of social, economic or political status; and the rule of law includes the results of judicial decisions determining the rights of private persons”.
Against this background, the Daily Graphic commends the government for acting swiftly to stem the looming chieftaincy conflict between the Asantehene and the Techimanhene over the Tuobodom stool.
We need every Ghanaian’s contribution towards the efforts of the government to pursue its ‘better Ghana’ agenda.

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