Rule of Law and the ‘Do You Know Who I Am’ Syndrome: Reflections on Political Security in Ghana
| Author | |
| Pages | 604-614 |
| Published date | 01 November 2016 |
| DOI | 10.3366/ajicl.2016.0175 |
| Date | 01 November 2016 |
Governance based on laws has long been established as critical to the development of democratic societies. Such societies therefore invest substantially in developing and sometimes codifying a body of laws for the purposes of governance as well as to guide the interactions of its citizens. Beyond the existence of the body of laws, the principles of equality and justice in the application of the law are central to all democratic societies. In Ghana, the preamble of the 1992 constitution states the cardinal principles of equality and justice by indicating the purpose for the adoption of the constitution as ‘… to establish a framework of government which shall secure for ourselves and posterity, the blessings of liberty, equality of opportunity and prosperity’.
An oft intended yet little documented catchphrase, DYKWIA is one of the key trends underlying interactions within a variety of sectors in Ghana. From the flashing of identity cards at statutory checkpoints, the growing incidence of tooting horns, flashing sirens and driving without recourse to traffic rules to the jumping of queues for products and services and the preferential treatment in both public and private service providers, institutions and individuals have sought to obtain leverage in their dealings. The phrase is thus offered as an assertion of some power, authority or other deferent characteristic arising out of mundane social networks, ethnic grouping, political sympathies, religious affinity, professional relationships and age among others. An analysis of the usage points to two main forms: one that is expressed or uttered and one that is implied or enacted. A third form of manifestation is a combination of the two, often in situations when DYKWIA is expressed after an action is challenged. In all forms, the object is to seek or obtain a favourable application of the law within the context of particular needs or objectives. A few recent examples elucidate these forms.
On 2 October 2011, a senior government official (the Deputy Minister of Interior) using the Accra–Cape Coast road was stopped and charged with speeding by a lance corporal of the Ghana Police Service. A personal account of the incident by the government official indicates that he believed that the checkpoint was sited in an inappropriate section of the road without addressing the speed with which he was travelling. He proceeded to advise the police team about how to carry out their duties. This posture irritated the police team and generated an altercation between one of them and the government official. Media reports indicate that the official then asked the team whether they knew who he was and threatened to deal with the assertive officer for his supposedly rude behaviour. It was subsequently confirmed that the Lance Corporal was interdicted while his rudeness was being investigated. There was, however, no further report on the charge of speeding levelled against the public official. Under the circumstances, it is unlikely that any of the team members will have the courage to stop an official-looking vehicle when performing their highway patrol duties.
In another instance, following a statement by the Electoral Commission (EC) that it was illegal to physically prevent someone from registering, the police at the Greater Accra regional unit of the Motor Transport and Traffic Unit (MTTU) forcefully removed a former senior government official (the Deputy Minister for the Greater Accra Region) for obstruction. Media reports indicated that the former government official had gone to the registration centre to physically prevent people he claimed were not from the constituency from registering. This was objected to by members of an opposing party. The resulting disturbances attracted the regional commander of the MTTU who sought to persuade the former official to abandon his quest. Following his subsequent removal, the former government official alleged police brutality and retorted thus:
I have been a minister for three years and three months and I don't think I deserve this kind of treatment.
The police commander confirmed that the former senior government official broke electoral laws in visiting the polling station to do the act he engaged in. Although the commander is on record as having apologised for losing his temper, there is no record of any action taken against the former government official for breach of electoral laws. The comportment of the police officer was treated as the more serious infraction that had occurred while the very serious conduct ofTo continue reading
Request your trial