Nogokpo vrs Agyinasare: what is the legal position?

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Archbishop Charles Agyinasare speaking at a summit held in his church on Wednesday, May 24, recalled a near-tragic incident at Nogokpo while returning from a crusade at Aflao, to buttress his claim.

The respected Archbishop said “he made one of his Pastors, Yaw Adu, talk about witchcraft and they disgraced the witches and wizards over ta Nogokpo.

As a result, when they were passing through the Nogokpo township, Pastor Adu had his tires coming out of his four-wheel vehicle.”

On May,28, Mr. Agyinasare explained that his comments were never meant to denigrate the people of Nogokpo and the Volta Region as a whole.

He further said that his wife hails from the region and two of his biological daughters carry Ewe names.

However, it was reported that some indigenes of Nogokpo on Friday, June 2, 2023, issued a 14-day ultimatum to Pastor Agyinasare to appear before them despite his apology.

This has generated public controversies which some people have criticised the venerable Archbishop whilst others have expressed condemnation for the group of Nogokpo who issued the 14- day ultimatum

The Etymologists revealed that the term ‘Religion’ “comes from both Old French and Anglo-Norman (1200s AD) and means respect for sense of right, moral obligation, sanctity, what is sacred, reverence for the gods.”

In other words “Religion is the opium of the people or masses” as was referred to by Karl Marx which was literally translated as “Religion is the sigh of the oppressed creature, the heart of a heartless world, and the soul of soulless conditions.”

According to Theology, Religion refers to “any cultural system of worship that relates humanity to the supernatural or transcendental.”

There are many Religions in the World but for the purposes of this article, let us focus on the three main well known religions in Ghana, namely; The Christianity, the Islam and the African Traditional and these Religions take their inspirations from the Holy Bible, Holy Quran and Shrine respectively.

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Ghana seems to be a religious country as it’s clearly stipulated in the preamble of the 1992 constitution “ In the Name of the Almighty God we the people of Ghana…….” but at the same time promotes secular worship and beliefs as stated in Article 56 Supra “Parliament shall have no power to enact a law to establish or authorise the establishment of a body or movement with the right or power to impose on the people of Ghana a common programme or a set of objectives of a religious or political.”

The Article 21(c) of the constitution 1992 explicitly stated that, “freedom to practise any religion and to manifest such practice.”

The same 1992 constitution also admonishes discrimination against fundamental human rights and religion. See Article 12(2) “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 this Chapter but subject to respect for the rights and freedoms of others and for the public interest.

Even in the area of the rights of the sick the constitution of Ghana in Article 30 seeks to strike a balance between adherence to religious beliefs and rejection of medical attention.

“A person who by reason of sickness or any other cause is unable to give his consent shall not be deprived by any other person of medical treatment, education or any other social or economic benefit by reason only of religious or other beliefs.”

Growing up, the Ghana Education Service used to have a subject in the basic schools system called ‘Religious and Moral Education’ which enabled children and young people to explore the world’s major religions and views which are independent of religious belief and to consider the challenges posed by these beliefs and values.

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This subject educated students on the past traditional leaders of Ghana, Africa and world at large and as well the Christian and Islamic teachings. These leaders include; Mansa Musa of the Mali empire, Komfo Anokye of the Ashante’s Obrumankoma, Oson and Odapagyan of the Fantse’s, Togbe Agorkoli of the Ewe’s as well as Jesus Christ and Prophet Muhammed (S.A.W). All these were done to promote the peace, harmony and security of mother Ghana.

In the case of Alhasuna Muslim Faith vs Regional Police Commander (Bolgatanga), after a group of other Muslims petitioned the defendant of noise making, it was held that the defendant had rights to worship. However, its rights of worship should not infringed on other people’s rights as stated in Article 12(2)supra and the defendant was charged with noise making.

Also, see in the case of Achene v Raji the Commission on Human Rights and Administrative Justice ((CHRAJ) successfully mediate the dispute that rose between an Islamic Husband who insisted for his Christian Wife to be converted to join his faith agreed to liberty of his wife to follow the religious faith of her own.

Regularly, the Ghana Education Service has been cautioning the faith schools both at Junior and Senior High as well the tertiary levels to desist from imposing their religious beliefs on students.

Additionally, Chapter Twenty-two (22) of the 1992 constitution of Ghana talks about Chieftaincy.

With your permission, let me refer you to Article 270(1)(2) The institution of chieftaincy, together with its traditional councils as established by customary law and usage is hereby guaranteed.

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This subject educated students on the past traditional leaders of Ghana, Africa and world at large and as well the Christian and Islamic teachings. These leaders include; Mansa Musa of the Mali empire, Komfo Anokye of the Ashante’s Obrumankoma, Oson and Odapagyan of the Fantse’s, Togbe Agorkoli of the Ewe’s as well as Jesus Christ and Prophet Muhammed (S.A.W). All these were done to promote the peace, harmony and security of mother Ghana.

In the case of Alhasuna Muslim Faith vs Regional Police Commander (Bolgatanga), after a group of other Muslims petitioned the defendant of noise making, it was held that the defendant had rights to worship. However, its rights of worship should not infringed on other people’s rights as stated in Article 12(2)supra and the defendant was charged with noise making.

Also, see in the case of Achene v Raji the Commission on Human Rights and Administrative Justice ((CHRAJ) successfully mediate the dispute that rose between an Islamic Husband who insisted for his Christian Wife to be converted to join his faith agreed to liberty of his wife to follow the religious faith of her own.

Regularly, the Ghana Education Service has been cautioning the faith schools both at Junior and Senior High as well the tertiary levels to desist from imposing their religious beliefs on students.

Additionally, Chapter Twenty-two (22) of the 1992 constitution of Ghana talks about Chieftaincy.

With your permission, let me refer you to Article 270(1)(2) The institution of chieftaincy, together with its traditional councils as established by customary law and usage is hereby guaranteed.

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(2) Parliament shall have no power to enact any law which – (a) confers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever, or (b) in any way detracts or derogates from the honour and dignity of the institution of chieftaincy.

In Contrast, section 74 of the Criminal and other offences Act 1960 (Act 29) frowns on threat to harm “Whoever threatens any other person with unlawful harm, with intent to put that person in fear or unlawful harm, shall be guilty of a misdemeanour.”

To conclude, Religious liberty is permitted in Ghana and the state recognizes the need for a mutual respect between religious organisations. This means that each religious body should be able to tolerate the activities of other religious bodies beliefs only if they are registered and their activities do not infringe on the liberty of others.

In doing so, it will promote the peace and tranquillity we are enjoying in the country.

By Nana Kwame Mensa-Abrompa TUMANYI

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