‘They beat me up and demanded my phone’ — Multimedia Group journalist recounts alleged military assault

A recent alleged assault on Obrempongba Kwame Owusu, a journalist with Multimedia Group, by military personnel while covering parliamentary primaries in Ghana's Oti Region, highlights critical legal issues concerning press freedom and military accountability. This incident directly challenges constitutional guarantees for journalists and raises questions about the rule of law and civilian-military relations. The article examines the legal framework protecting journalists, the criminal liabilities for assault under Ghanaian law, and the mechanisms for military discipline and civilian redress, emphasizing the need for robust investigations and prosecutions to uphold democratic principles and deter future abuses.

The alleged assault of Obrempongba Kwame Owusu, a journalist with Adom Brands of the Multimedia Group, by military personnel during the New Patriotic Party's parliamentary primary elections in the Nkwanta South Municipality of the Oti Region, has brought into sharp focus the perennial challenges to press freedom and the rule of law in Ghana. Owusu's account of being beaten and having his phone demanded while performing his professional duties underscores a disturbing trend of security agency interference with journalistic work. This incident is not merely an isolated act of misconduct but represents a significant test of Ghana's commitment to its constitutional democracy and the protection of fundamental human rights.

Ghana has long prided itself on a vibrant media landscape and strong constitutional safeguards for press freedom. However, recurring incidents involving security forces raise serious concerns about the practical enforcement of these protections. This article aims to provide a comprehensive legal analysis of the alleged assault, examining the relevant constitutional provisions, statutory instruments, and the mechanisms for accountability within both the civilian and military justice systems. It seeks to highlight the legal ramifications for the perpetrators and the avenues for redress available to victims, while also considering the broader implications for media practice and civil-military relations in the country.

Ghana's legal framework provides robust protections for freedom of the press. The 1992 Constitution of Ghana, particularly Article 162, explicitly guarantees the freedom and independence of the media, prohibits censorship, and stipulates that editors and publishers shall not be penalized or harassed for their editorial opinions or the content of their publications. This constitutional provision is reinforced by Article 21, which broadly guarantees freedom of speech and expression to all persons. Historically, Ghana took a significant step towards media freedom with the repeal of criminal libel and sedition laws in 2001, aiming to create an environment where journalists could operate without fear of state retaliation.

Regarding criminal conduct, the Criminal Offences Act, 1960 (Act 29), defines and prescribes penalties for various offenses, including assault. Assault is classified as a misdemeanor, punishable by imprisonment, and the use of force to steal, such as demanding a phone, could escalate to robbery, which carries a maximum sentence of life imprisonment. The conduct of military personnel is primarily governed by the Armed Forces Act, 1962 (Act 105), which outlines the structure, functions, and disciplinary procedures of the Ghana Armed Forces (GAF). Article 214 of the 1992 Constitution limits the GAF's role primarily to defense, allowing their deployment in support of civilian law enforcement only when required, thereby emphasizing civilian control over the military. The Military Law (Civilian Responsibility) Act (1997) further clarifies the accountability of military personnel for offenses committed in civilian contexts.

To oversee media conduct and safeguard its independence, the National Media Commission (NMC) was established by the National Media Commission Act, 1993 (Act 449), in accordance with Chapter 12 of the Constitution. The NMC's mandate includes promoting and ensuring media freedom, encouraging responsible practice, and investigating, mediating, and settling complaints made against or by the press. While the NMC primarily relies on advisory guidelines rather than punitive sanctions, it serves as a crucial institutional mechanism for addressing media-related grievances and upholding professional standards.

The alleged assault on Obrempongba Kwame Owusu by military personnel constitutes a direct violation of the fundamental human rights enshrined in Ghana's 1992 Constitution. Specifically, Article 162(4) explicitly states that editors and publishers, and by extension, journalists, shall not be subjected to control or interference by the Government, nor shall they be penalized or harassed for their editorial opinions or the content of their publications. The act of physically assaulting a journalist and demanding his phone while he is covering a public event is a clear affront to these constitutional guarantees and the broader right to freedom of expression under Article 21.

From a criminal law perspective, the military personnel involved could face charges under the Criminal Offences Act, 1960 (Act 29). The physical assault, if proven, would constitute an offense under the Act, which classifies assault as a misdemeanor punishable by imprisonment. Furthermore, the demand for the journalist's phone, especially if accompanied by force or threats, could amount to robbery, a first-degree felony carrying a maximum sentence of life imprisonment. The fact that the alleged perpetrators are military personnel does not exempt them from civilian law, as the principle of civilian control over the military is a cornerstone of Ghana's constitutional order. The Armed Forces Act (Act 105) and the Military Law (Civilian Responsibility) Act (1997) provide mechanisms for military personnel to be held accountable for unlawful conduct affecting civilians, often through a dual system where military justice can intersect with civilian courts.

Recent incidents underscore the imperative for accountability. For instance, in a case from January 2023, the Human Rights Division of the High Court in Accra ordered an apology and financial compensation to an editor who was abducted and tortured by national security forces, affirming the judiciary's role in upholding press freedom. More recently, seven military officers and a civilian employee were remanded by a district court in Kumasi in connection with an alleged fatal assault on civilians, demonstrating that military personnel can be subjected to civilian legal processes. Similarly, 237 residents of Ashaiman have filed a lawsuit against the Ghana Armed Forces and the Ministry of Defence, seeking justice and compensation for alleged assaults and property destruction by soldiers in March 2023. These cases highlight a growing trend of citizens seeking redress against military excesses and the judiciary's willingness to intervene.

The Ghana Armed Forces (GAF) has, in various statements, reiterated its commitment to investigating alleged misconduct and sanctioning culpable officers, emphasizing that their mandate is to maintain law and order, not to brutalize civilians. However, the Media Foundation for West Africa (MFWA) has documented numerous physical attacks on journalists by security agencies, indicating a persistent challenge in civil-military relations and the protection of media practitioners. The National Media Commission (NMC), while lacking direct punitive powers, plays a vital role in investigating such complaints and advocating for adherence to journalistic standards and media freedom. Its intervention in such cases can provide a formal channel for grievance resolution and public condemnation of abuses.

This incident further highlights the ongoing tension between security operations and media coverage, particularly during politically sensitive events like elections. The Defence Minister has previously emphasized the need to minimize the military's exposure in civilian affairs, noting that their training is not geared towards typical civilian law enforcement duties. This perspective underscores the systemic issue that often leads to such confrontations and the need for clearer protocols and training for military personnel on interacting with civilians, especially journalists, in public spaces.

The alleged assault on Obrempongba Kwame Owusu serves as a stark reminder of the vulnerabilities faced by journalists in Ghana and the critical importance of upholding constitutional protections for press freedom. Such incidents not only undermine the safety and ability of journalists to perform their essential democratic function but also erode public trust in state institutions, particularly the security forces. The legal framework in Ghana, encompassing constitutional guarantees and criminal statutes, provides clear avenues for addressing such abuses.

For legal practitioners, this case underscores the necessity of pursuing both criminal and civil remedies for victims of state-sponsored violence. Advising clients on their rights under the 1992 Constitution and the Criminal Offences Act, 1960 (Act 29), is paramount. Furthermore, engaging with oversight bodies like the National Media Commission (NMC) and advocating for thorough, transparent investigations and prosecutions are crucial steps towards ensuring accountability. It is imperative that the Ghana Armed Forces (GAF) not only investigate this specific incident but also reinforce training on civil-military relations and respect for press freedom among its personnel. The judiciary must continue to demonstrate its independence and commitment to justice by holding perpetrators accountable, thereby sending a clear message that no one, regardless of uniform, is above the law. The ongoing vigilance of civil society and media organizations will be vital in monitoring these developments and advocating for a truly free and safe environment for journalists in Ghana.