April 19, 2025
Spread the love

Ashanti Regional Communication Directorate Calls for Immediate Action Against KMA Mayor’s Flogging Remarks

April 16, 2025

The Ashanti Regional Communication Directorate has taken note; with great concern, of recent comments made by the Mayor of the Kumasi Metropolitan Assembly (KMA), Mr. Richard Ofori Agyemang Boadi aka King Zuba, in which he publicly threatened to flog traders who defy his directive to vacate pavements in the Kumasi Central Business Metropolis. This comment is not only disturbing but also unethical, unconstitutional, and fundamentally contrary to the principles of democratic governance, human dignity, and the rule of law.

1. Unprofessional and Ethically Reprehensible Conduct

As a public servant, the Mayor is expected to demonstrate a high level of professionalism, emotional intelligence, and respect for human rights. Resorting to violence or threats of violence as a tool for enforcement tarnishes the integrity of the office he occupies and undermines public confidence in the local government system.

Leadership by intimidation is not leadership; it is oppression. Mr. Boadi’s declaration that “we will beat you” reflects a dictatorial mindset that has no place in Ghana’s democratic architecture.

2. We Are Not in a Military Regime

Ghana is a constitutional democracy governed by laws; not by the whims of individuals in authority. The era of military brutality and command-and-control tactics belongs in the annals of history, not in the present-day democratic dispensation. The enforcement of laws, including those relating to street trading and urban order, must be carried out within the limits of the law and with full respect for the dignity of citizens.

3. Violation of Constitutional Provisions

The Mayor’s utterances and intended actions are in direct violation of multiple provisions of the 1992 Constitution of the Republic of Ghana, including:
• Article 15(1) & (2): “The dignity of all persons shall be inviolable. No person shall, whether or not he is arrested, restricted or detained, be subjected to torture or other cruel, inhuman or degrading treatment or punishment.”
• Article 21(1): “All persons shall have the right to freedom of movement and the right to practice any profession, trade or occupation within Ghana.”
• Article 296: “Where in this Constitution or in any other law discretionary power is vested in any person or authority: (a) that discretionary power shall be exercised fairly and reasonably and without arbitrariness…”

Mr. Boadi’s threat is a blatant abuse of discretionary authority.

4. Local Governance Framework

Under the Local Governance Act, 2016 (Act 936), the powers and responsibilities of Metropolitan, Municipal, and District Assemblies (MMDAs) are clearly defined. Nowhere in the Act is violence or flogging authorized as a lawful means of enforcing assembly by-laws.

Specifically:
• Section 12(3)(c) of Act 936 provides that Assemblies may make by-laws to regulate trading and use of public space, but such by-laws must be enforced legally and humanely.
• The District Assembly Police Unit exists for lawful enforcement, and not for vigilante-style punishment or public beatings as suggested by the Mayor.

5. Human Rights and International Obligations

Ghana is a signatory to multiple international human rights conventions, including:
• The Universal Declaration of Human Rights (UDHR), which affirms in Article 5: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
• The African Charter on Human and Peoples’ Rights, which Ghana ratified, equally guarantees dignity and humane treatment under Article 5.

The Mayor’s pronouncement therefore not only violates domestic law, but also breaches Ghana’s international human rights obligations.

5A. Pavement Trading Must Also Be Condemned; But Within the Law

While we strongly condemn the Mayor’s threats of violence, we equally acknowledge that the growing trend of pavement trading poses serious challenges to urban safety, pedestrian movement, and city sanitation. The use of walkways, pavements, and other unauthorized public spaces for trading activities is not only unlawful under local assembly by-laws but also undermines the vision of organized, accessible, and livable urban spaces.

Street trading, especially when conducted in areas not demarcated for such purposes, disrupts traffic flow, endangers traders and commuters alike, and impedes the work of city authorities. It is, therefore, legitimate and necessary for the Kumasi Metropolitan Assembly (KMA) to enforce its by-laws to restore order and protect public infrastructure.

However, such enforcement must be conducted in a lawful, respectful, and structured manner, guided by empathy and public engagement; not through threats of flogging or military-style aggression. Traders must be educated on the laws governing urban space usage and offered decent alternatives, such as well-planned markets or designated trading zones.

Urban order is crucial, but it must never come at the cost of human dignity.

6. Our Call to Action

We respectfully call on the Minister for Local Government, Decentralization and Rural Development to:
1. Publicly address this matter and issue a firm directive to all Metropolitan, Municipal and District Chief Executives (MMDCEs) regarding the expected ethical and lawful conduct of their duties;
2. Educate and guide the KMA Mayor on the appropriate enforcement mechanisms under the law;
3. Reinforce a zero-tolerance policy against threats, violence or abuse of power within all local government structures.

7. Conclusion

The enforcement of laws must not come at the expense of basic human dignity. we believe in a Ghana where order is upheld through democratic principles, not fear; through lawful processes, not brute force.

The KMA Mayor’s statement is an affront to Ghana’s democracy, and we urge him to withdraw the comments, apologize to the Ghanaian people, and commit to upholding the Constitution and the oath of his office.

Ghana deserves better leadership at all levels; leadership that respects rights, enforces laws responsibly, and governs with integrity.

#DemocracyNotDictatorship
#RuleOfLaw

*Paul Kwabena Yandoh*

Ashanti Regional Director of Communication NPP