GJA condemns alleged assault on Adom Brands journalist by military personnel in Nkwanta South

The Ghana Journalists Association (GJA) has strongly condemned the alleged assault of Adom Brands journalist Obrempongba Kwame Owusu by military personnel during curfew enforcement in Nkwanta South, Oti Region. This incident highlights persistent concerns regarding press freedom and the conduct of state security agencies in Ghana. It underscores a critical legal and constitutional challenge where the powers of security forces, even during public order operations, appear to clash with the fundamental rights of journalists to report freely. The GJA's condemnation signals a renewed call for accountability and adherence to the rule of law, emphasizing the need to protect media professionals from harassment and violence.

The alleged assault on Adom Brands journalist Obrempongba Kwame Owusu by military personnel in Nkwanta South, Oti Region, during curfew enforcement has drawn sharp condemnation from the Ghana Journalists Association (GJA). This incident, reported by MyJoyOnline Ghana, is not an isolated occurrence but rather a stark reminder of the recurring challenges faced by media professionals in Ghana, particularly when interacting with state security agencies. The GJA's swift response underscores the gravity of the situation and its implications for press freedom, civil-military relations, and the rule of law in the country.

Ghana's legal framework provides robust protections for media freedom. The 1992 Constitution of Ghana, in Article 21(1)(a), guarantees all persons the right to freedom of speech and expression, which explicitly includes freedom of the press and other media. [9, 10, 17] Furthermore, Article 162 of the same Constitution specifically guarantees the freedom and independence of the media, prohibiting censorship and stating that editors and publishers shall not be subjected to control, interference, harassment, or penalties for their editorial opinions or the content of their publications. [2, 5, 8, 17] These constitutional provisions form the bedrock of media rights in Ghana, overturning decades of censorship and repressive laws. [5, 7]

However, the powers of security agencies, particularly during public order situations like curfews, are also legally defined. The Public Order Act, 1994 (Act 491), vests the Minister for the Interior with the authority to impose curfews in parts of the country when reasonably required in the interest of defence, public safety, public health, or the protection of rights and freedoms. [13, 14, 18, 19, 21] While this Act grants powers for curfew enforcement, it explicitly states that military or police officers are legally required to arrest offenders and prosecute them, not to resort to extra-judicial measures such as beatings or physical abuse. [13] The Ghana Armed Forces Act, 1962 (Act 105), provides for the establishment and maintenance of the military, but it is increasingly recognized as needing reform to align with modern constitutional standards and human rights obligations. [11, 12, 15, 22]

The Ghana Journalists Association (GJA) serves as the principal professional organization for journalists in Ghana, founded in 1949. [3, 4, 20] Its core objectives include fostering high journalistic standards, defending media freedoms, protecting members' rights and welfare, and contributing to democratic governance. [4, 20, 26] The GJA has a well-documented history of advocating for journalists' rights, issuing public condemnations of threats and attacks, and lobbying legislative bodies to address violations against media practitioners. [3, 4, 30, 32]

The alleged assault on Obrempongba Kwame Owusu by military personnel represents a direct challenge to the constitutional guarantees of press freedom in Ghana. Article 162(4) of the 1992 Constitution explicitly states that journalists shall not be penalised or harassed for their editorial opinions or the content of their publications. [2, 8] The act of physically assaulting a journalist, regardless of the context of curfew enforcement, constitutes a severe form of harassment and interference, undermining the media's ability to perform its constitutional role as a watchdog. [4, 8, 30]

Crucially, the powers granted to military personnel during curfew enforcement under the Public Order Act, 1994 (Act 491), do not extend to physical abuse. The law mandates that individuals found violating a curfew should be arrested and prosecuted through due process, not subjected to summary punishment by security officers. [13] This distinction is vital for upholding the rule of law and preventing arbitrary exercise of power. Incidents where security forces exceed their mandate by assaulting citizens, including journalists, have been a persistent concern, contributing to a "culture of impunity" that the GJA and other civil society organizations have consistently highlighted. [30]

Past incidents illustrate this worrying pattern. In 2022, investigative journalist Michael Aidoo was reportedly beaten by soldiers, and in 2019, three journalists from the Ghanaian Times were assaulted by police and military personnel. [28, 31] The GJA has previously condemned such acts and called for accountability, including urging the National Security to apologize for the alleged assault and maltreatment of Caleb Kudah in 2021. [3] In response to ongoing abuses, the GJA has outlined robust measures, including filing civil lawsuits personally against offending officers to ensure individual accountability and petitioning international bodies for sanctions against violators of press freedom. [32] This approach seeks to circumvent the perceived lack of internal disciplinary action within security agencies.

From a legal practitioner's perspective, the journalist, Obrempongba Kwame Owusu, has several avenues for redress. These include initiating a civil action for assault and battery against the individual military personnel involved, and potentially against the state on the principle of vicarious liability. Furthermore, criminal prosecution of the perpetrators for assault is a viable option, which would require a thorough investigation by the Ghana Police Service. The GJA's commitment to pursuing civil lawsuits against individual officers is a significant development, signaling a strategic shift to ensure that state protection does not shield perpetrators of misconduct. [32]

The alleged assault on Obrempongba Kwame Owusu by military personnel in Nkwanta South is a grave concern that necessitates immediate and decisive action. It underscores the ongoing tension between state security operations and the constitutionally guaranteed freedom of the press in Ghana. For legal practitioners, this incident highlights the critical importance of advising media houses and individual journalists on their rights and available legal remedies when faced with such abuses. It also emphasizes the need for robust advocacy to ensure that state security agencies operate strictly within the confines of the law, even during challenging public order situations.

Moving forward, it is imperative that a thorough and impartial investigation into this incident is conducted, leading to the identification and prosecution of any personnel found culpable. This is crucial not only for delivering justice to the affected journalist but also for dismantling the prevailing culture of impunity that undermines press freedom and democratic governance in Ghana. Practitioners should closely monitor the GJA's announced actions, including potential civil lawsuits and engagements with human rights bodies, as these efforts will be instrumental in shaping future interactions between the media and security forces. Ultimately, upholding the rule of law and ensuring accountability for abuses against journalists is fundamental to safeguarding Ghana's democratic credentials.