Features
Do chiefs have the right to gag the media ?
The Chieftaincy institution, is one of the most revered, respected and enduring traditional institutions in our dear country, Ghana, which is held in high esteem. The 1992 Constitution as amended in 1996 of the Chieftaincy Act 277, defines the functions of Chiefs as traditional leaders in dispute settlement, codification of customary laws, arrangement of ceremonies and festivals, organisation of communal labour and promotion of socio-economic development. Chiefs have been involved in the development of their areas since pre-colonial era. They are therefore, regarded as partners in development.
PEACE KEEPING ROLE OF CHIEFS
These days, Chiefs are under pressure to achieve good governance in their respective traditional areas and are challenged to integrate tradition and modernity, a process about which there is a considerable debate. Therefore, the role of the Chieftaincy institution in national development as enshrined in the 1992 Constitution, is basically peacekeeping, peace enforcement, peacemaking and peace building. It therefore, presupposes that peace is general in the pre-colonial era, was manifested in the functions of the Chieftaincy institution in general and the Chief in particular.
It is unfortunate that in the recent past, the most revered and cherished Chieftaincy institution in our dear country, has taken a nose-dive with persistent conflicts and misunderstandings which is gradually tearing the institution apart. The Chieftaincy institution, which is supposed to collaborate and team up with journalists and the mass media in general, to promote and ensure peace and developments in the various traditional areas of the country,is rather having a grudge and conflicts with media practitioners in their line of duties. Some of the Chiefs are exerting what can be described as unnecessary, unfettered and unrestrained powers which have no legal basis whatsoever and alsounconstitutional rights on journalists and some media houses in their jurisdictions.
BARRING MEDIA PRACTITIONERS FROM OPERATING
The traditional leaders have arrogated to themselves, certain powers of barring media practitioners from operating in their jurisdictions, whilst some radio stations are being shut down for allegedly, airing what chiefs termed, negative issues that are infringing on their rights and soiling their image and reputation in the eyes of the general public. These actions by some of these chiefs, cannot be defended or substantiated in any way, since they are nowhere within the confines of the 1992 Constitution as well as the country’s statute books.
Recently, the Ada Traditional Council in the Greater Accra Region, was reported to have banned Radio Ada, operating within its vicinity from providing coverage of the annual Asafotufiami Festival of the chiefs and people of the area. The Council, we are told, took the decision because it alleged that three hosts of the station’s programmes, whilst on air, used unrefined language on Chiefs in the area. The hosts were also cited for mentioning the names of Nenemei (Kingmakers), without using their respective titles and also inciting the people to hoot at the chiefs and called them names during a recent demonstration. The Council had earlier on,on August 1, 2022, banned the station from covering the launch of the festival held at Treasure Island at Ada on June 30, 2022.
REACTION BY GHANA JOURNALISTS ASSOCIATION
The leadership of the Ghana Journalists Association (GJA), led by its President, Albert KwabenaDwumfour, took the matter up, describing the action as unjustifiable and an affront to press freedom in Ghana. According to the GJA, the Council’s decision undermined Article 21 (1)(a) and (f) of the 1192 Constitution of the Republic of Ghana and Article 19 of the Universal Declaration on Human Rights. Hear the GJA President, “With all due respect, the Ada Traditional Council does not have the right or powers to impose such restrictions on Radio Ada and its staff”. He asked the traditional leaders to use the laid down channels for redress instead of the path they had chosen.
Just as the dust was about to settle, another similar thorny issue has emerged, this time involving the Kumasi Traditional Council, directing Oyerepa FM station in Kumasi, to halt its operations. The order was based on some comments purported to have been made by AkwasiAddaiOdike, a former presidential candidate on the network. The comments made by Odike, a guest on a political talk show on Oyerepa FM, was an implication and an accusation of the chiefs for failing to combat illegal mining.
UNFAVOURABLE REMARKS FROM ODIKE
In his submission, Odike was alleged to have accused the Chiefs of aiding in thegalamsey operation and looking on unconcerned while forests and water bodies were being destroyed. He, therefore, threatened to lead the youth to stage a massive demonstration against Manhyia, if the galamsey menace continues.
The Kumasi Traditional Council which was offended by the remarks, declared it to be a form of rebellion against Asanteman, hence, Odike was banished from stepping foot at Manhyia. Additionally, the Council asked Oyerepa FM to halt operations, for giving Odike the platform to make those remarks.
REACTION FROM DIRECTOR OF MEDIA FOUNDATION
The Executive Director of the Media Foundation for West Africa (MFWA), SulemanaBraimah, reacted against the shutting down of the radio station, saying the chiefs did not have the right to close down radio stations. According to him, the purported closure of the Kumasi-based Oyerepa FM station by the Kumasi Traditional Council, was not grounded in law and described it as a “worrying development”. According to him chiefs would not have the power to say “we are shutting down a radio station. I don’t know where that legal powers will be drawn from”.
Indeed, some of our traditional leaders are trying to usurp and apply powers from areas best known to themselves, without using the laid down structures and laws in the statute books to address their concerns and grievances and that is most unfortunate. Yes, you may have legitimate grievances with the media, but that is not the way to deal with the problems.
SENDING COMPLAINTS TO GJA AND MEDIA COMMISSION
The Ghana Journalists Association and the National Media Commission are legitimate bodies mandated under our Constitution to deal with such infractions by the media and apply sanctions accordingly. Therefore, what the traditional authorities ought to have done was to refer their complaints or grievances to these two accredited bodies to handle the issues and not to take the laws into their own hands and apply what is not feasible and authorised by law.
The traditional authorities should know that they cannot operate effectively without the cooperation from the media. If the media decide to place a total ban on the activities of traditional leaders in this country, by refusing to cover their events and other programmes, where would they stand? Like I said earlier, chiefs and the media, are partners in development and progress and that is why the two institutions must work in tandem to achieve this noble objective of forging ahead.
MEDIA PRACTITIONERS SHOULD BEHAVE RESPONSIBLY
While I am on this topic, it is important to advise my fellow journalists, radio presenters and other media practitioners to behave well and responsibly and also to always accord the chieftaincy institution the necessary due respect,for peace to prevail in this country. Let us also avoid what can be termed as, “Gutter Journalism” which connotes sensationalism, poorly written articles which cater for vulgar tastes, as well as stories and articles meant to malign people unduly. That is not the ethics of the profession and we must avoid those habits. The radio presenters and television anchors, must also not use their airwaves or frequencies to insult and attack people, especially Chiefs, without any justifiable reasons. Let us bear in mind that the media serve as tools for development and destruction as well. As such, we should use the power we wield to serve in the best interest of our dear country and not for any destructive purposes.
By Charles Neequaye
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