Features
When laws do not work …is there justification for abnegation of responsibility? (Final part)
Section 5 of the Bye-laws bans the playing of any recorded music for the purpose of advertising as it constitutes a public nuisance. Under section 6, no operator of a night club, restaurant or drinking bar or entertainment spot is allowed to play music in such a way as to cause public nuisance to the residents. The section emphasises that any music played in such a place must only be heard within the confines of the place.
Section 7 requires that music must be played “at reasonable pitch up to midnight,” during a wake or party. By operation of section 8 music played during church services must not be so loud as to cause nuisance to the public and residents. Written permission is to be obtained from the Assembly whenever music is to be played before 6am and after 12 p.m. during a religious service. Music played through public address systems in religious institutions or in entertainment halls must be confined to such places.
Ultimately, religious, commercial, educational, industrial or entertainment facilities sited in residential areas should limit their noise levels to conform to the prescriptions of the Environmental Protection Agency.
Users of generators are even expected to reduce the noise level so as not to cause nuisance to the neighbours. Contravention of any of the Bye- laws shall on summary conviction draw fines of not less than 50 penalty units or terms of imprisonment of four months or more. Both punishments could also be imposed.
THE ENVIRONMENTAL PROTECTION AGENCY
The Environmental Protection Agency is mandated by Act 490 of 1994 to carry out informative, enforcement and regulatory functions. The agency is to collaborate with Local Assemblies, other state and non- state actors to embark on systematic programmes of formal and non- formal education in order to create awareness of the importance of the field to economic and social life.
To ensure that the levels, intensity and quality of noise in the environment are controlled, the Agency serves notice and warnings on persons or organisations in breach of relevant laws and regulations. Ignoring the notices and warnings could result in arrests and prosecutions. The sector minister may even authorise the use of force to exact compliance.
The Agency has further leverage on noise disturbance through the issuing of permits for the siting within residential areas of facilities like factories, businesses, schools, houses of worship, drinking bars, night clubs and entertainment venues in such manner that residents will not be disturbed or inconvenienced by their activities.
Of particular importance is meeting the requirements of the Environmental Permit Assessment Regulations, 1999 (L I 1652). Environmental Assessment reports must be obtained before Environmental Permits are issued. The conditions are stringent and permits are renewable yearly, subject to due observance of the conditions in the course of the preceding year.
On the ground, the processes are often not followed through with the result that our residential areas have become cauldrons of noise making. Presumably the Agency is hampered by the human and logistical constraints it has always complained about. It has become normal for set- ups which do not have the requisite permits from the Environmental Protection Agency to continue to operate in the communities.
This is one institution with sound appreciation of the effects of unbridled noise making on life and recently it had to warn Ghanaians about the negative effect of excessive noise making on student performance. The due performance of its role would greatly enhance the prospects of quietude in our communities.
MEASUREMENT OF NOISE
It appears that the greatest hindrance to the handling of noise- related cases by both the Police and the Environmental Health and Sanitation Departments of the Assemblies is the introduction of Guidelines for Measuring the Ambient Noise Levels by the Environmental Protection Agency. The impression is that every noise- related complaint requires measurement and since the Agency itself does not have adequate stock of the measuring devices for its field offices, there can be no prosecution of persons who commit noise- related offences.
The reality is that some noise related offences like lack of Environmental Permits where required, absence of operational permits issued by Assemblies before commencing business or not having the written permission of an Assembly before embarking on a public activity which involves noise making between 8pm and 6am, do not require the measurement of noise. So would arresting without warrant any person engaging in noise disturbance on premises so as to disturb neighbours. A real paralysis of enforcement would result if the law is to be construed this way.
If the Police and the Environmental Health and Sanitation Departments of the Assemblies believe noise measurement is absolutely necessary in particular circumstances, they should approach the Environmental Protection Agency which has the statutory duty to compile the Environmental Reports they require to facilitate successful prosecution.
The Agency is forthcoming even in civil cases like the epoch- making suit involving two Haatso-based churches. Here, the learned judge relied upon the report of the Environmental Protection Agency to make a finding that the noise level the two churches made “was excessive and violated the regulations of the Environmental Protection Agency.”
A take away from the decision in that case was the award of damages against the Assembly for recklessly violating the rights of the plaintiffs by granting permission to the churches to operate in a residential area without regard to the interests of the residents.
The Daily Graphic had hoped that “the judgement will not only serve as a reference point for such cases in future but also empower citizens to use the courts to address issues of noise- making.” Recourse to the courts is, however, not necessary when it is the duty of statutory institutions to provide such services at no further expense to the tax- payer.
We all know that at the root of our development problems is our reluctance to enforce laws and regulations which have been painstakingly crafted and enacted after much exertion and considerable financial expense. We tend to admire advanced societies when the only difference between us is our varying approaches to governance.
The tragedy of our underdevelopment remains the abhorrent attitude of public officials who totally abnegate their responsibilities and their administrative and political supervisors who also fail to ensure such officials are punished for non-performance.
Now that some degree of attention is being paid to its Siamese twin, sanitation, it is the expectation that our political and administrative authorities would offer determined leadership to seriously address a phenomenon which is imperceptibly contributing to conditions like cardio- thoracic diseases, diabetes, aborted foetuses, neurosis and hearing loss.
The author is the former Director General
of Ghana Prisons Service
By William K. Asiedu
Features
The Prophet part 2
“I can see in the spirit, that some of you have been trading for years without seeing any meaningful profits, some young women have been disappointed by men who have either abandoned them and left for foreign lands and forgotten about them, or stopped sending money for the upkeep of their wives and children.
I can see young men who are desperate for visas to travel abroad but have either been duped by visa contractors or refused at the embassies. From tomorrow, I assure you, the visas will be given.
Young women, I have news for you. You will receive telephone calls, and you will hear very good news. Handsome young men with money in their pockets will come and marry you, and take care of you. Traders, you will get big business and big profits from today. From today, you will see that I am a true prophet who has come to deliver you.”
Shouts of “Amen,” “thank you Prophet” and “I receive it” greeted his sermon. After a final prayer, he asked the congregation to come early the following day, and bring others, because there would be many testimonies.
There would also be “special anointing” for great miracles. Although he did not ask for an offering, most of the people came and dropped notes, and coins at the “pulpit.” When they left, Antobam counted the money.
“GH¢900!” he almost shouted, ‘and I did not even ask for an offering. This is fantabulous!’ Going to the Nana Kofi Broni shrine, he told himself, was a very wise move.
He started making plans……He had to choose a few assistants who would carry out his orders……. He had to hire some chairs as soon as possible……He had to find a suitable piece of land and, if possible, build his own church……. He had to start looking for a nice car, befitting the status of a popular preacher …… And, most importantly, he had to select two, three or four nice, young women to take care of his needs, apart from the servants who would cook, wash, iron and do other errands for him.
Abruptly, he told himself, this hungry, scruffy Kukurantumi boy was being transformed into a man of power and money, with some of the most beautiful women in town at his beck and call. Wow!
After a shower and supper, he shut the door to the very small room that served as his bedroom and dropped on the bed. Almost immediately, the shrill sounds, like whispers, began.
This time he did not express any fears. He realised to his great surprise that even though the sounds were not in the form of any language, he could understand them.
Tomorrow there will be testimonies……they will give money……. some rich people are being prepared …….they will bring big money ………. we will give them what they want, and they will bring money ……. big money …….big, big money……the women will also come, a number of them. ‘
He went to sleep smiling and whispering to himself, ‘big, big money, and women!’
He woke up at 5 and took a shower. After a breakfast of tea and several slices of bread he set off. On reaching the venue he saw to his great surprise that the place was full.
Very full, and quite a number of people rushed to embrace him and give him the wonderful news. The excited people narrated the testimonies about big sales, telephone calls from relatives directing them to go to Western Union, and impotent husbands who had miraculously rediscovered their magic powers.
He was truly glad that Nana Kofi Broni’s magic had already started working, but most of his attention was focused on the ladies in the congregation. He noticed to his great delight that some of them were really nice. I must start making my selection, he told himself. Today!
“Give a mighty clap offering to the great, mighty one for his wonders among us!” he started, and the response was very big.
“I said yesterday that you were going to see signs and wonders, and I am very happy that my word has been fulfilled. Even though we have taken allowed one hour for testimonies, many more of you would like to testify.
Tomorrow, I promise you that there will be ample time. I will only preach a short sermon. The rest of the time will be taken up by consultations, after which I will give directions on what to do to ensure that you defeat your enemies, secure your marriage and, most importantly, continue increasing your profits in your business.” His sermon was interspersed with ecstatic shouts of “Amen,” “it is true,” “God bless you” and “I receive it.”
His final word was emphatic; “Big miracles are coming your way. Keep attending church, and don’t forget to give thanks to God.”
By Ekow de Heer
Features
Full Gospel Businessmen Fellowship launches project to transform young lives
The Full Gospel Businessmen’s Fellowship International (FGBMFI) Ghana has launched the Senior High Schools and Colleges Project (SCP) aimed at empowering and transforming the lives of young people.
Speaking at the launch, Professor Mike Ocquaye, the former Speaker of Parliament, emphasised the need to catch them young and train them as the current times were challenging.
He lauded the project, calling on all to support it, saying “In fact, it’s very important to catch them young, train them, lead them, guide them, and mentor them because the times are indeed rough,” Prof. Ocquaye said.
Mr Ekow Egyir Dadson, the Director, Schools and Colleges Directorate, stated that since its inception in 2018, the SCP had reached over 70 educational institutions with countless testimonies of transformation.
“We began with the Presbyterian Boys Secondary School (PRESEC) Legon, and now in 2024, we have visited 74 schools and impacted the lives of over 100,000 students, some of whom were personally mentored and now have graduated from the universities.”
He explained that the SCP, a vision by FGBMFI Ghana, was a bold outreach programme designed to call young people to Christ, train and equip them for the future.
He cited testimony-sharing, mentorship, career guidance, entrepreneurship and counseling as some of the unique approaches to be used in reaching out to the targeted students.
Mr Emmanuel Baba Mahama, the National President of the FGBMFI Ghana, launched the SCP Manual, which would help the FGBMFI Zonal Family Chapters across Ghana in order to adopt schools and colleges within their catchment areas.
The Schools and Colleges project is making a great impact; we have had first-hand testimonies from school heads, teachers, and students (mentees) about the SCP. This project has come to stay, Mr Baba Mahama assured.
He, therefore, called for more volunteers and partners to help the SCP shape the next generation of leaders and citizens.
Findings by the FGBMFI revealed that Ghana’s senior high schools, colleges, and university students face growing challenges like addictions, indiscipline, poor academic performance, pornography, homosexuality, broken homes, and a lack of godly guidance.
That had been a concern to many parents and society, “but the FGBMFI believes there is hope to rescue and restore these young students,” Mr Mahama said. –GNA
