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When what matters not matters! – A review of the law on privacy and admissibility of evidence secretly and unlawfully obtained, In civil proceedings, vis a via Article 18(2) of the 1992 Constitution of Ghana.

Source: Frederick Gurah Sampson, Esq.

When what matters not matters! – A review of the law on privacy and admissibility of evidence secretly and unlawfully obtained, In civil proceedings, vis a via Article 18(2) of the 1992 Constitution of Ghana.
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Introduction

The secret tape of Chief Bugri Naabu,1 (‘the IGP Konkonsa tape’) with some senior police officers in the Ghana Police Service, relative to the Inspector General of Police (IGP), and the subsequent Parliamentary committee hearing has brought to the fore another time the importance of this question of Privacy rights of citizens and the admissibility of evidence secretly and unlawfully obtained. On that tape, it is alleged that the said Chief Bugri Naabu and some two senior Police Officers were discussing the possible removal and replacement of the current Inspector General of Police (IGP), Dr. George Akuffo Dampare. The known actors on that tape include three ‘Georges’, namely the IGP Dr. George Akuffo Dampare, Commissioner of Police George Alex Mensah and Supt. George Asare. One wonders whether Chief Bugri Naabu deliberately assembled only ‘Georges’ for this alleged conversation. Due to the alleged security implications and concerns, it was suggested that Parliament establishes a committee to look into the issue and make recommendations. The Deputy Minority leader in Parliament,2 made a call for a probe3 and the Speaker of Parliament, Right Honourable A.S.K. Bagbin, set up a seven (7) member committee4 to investigate these matters and the committee has heard from all the persons of interest and is yet to finalise its work and present its report. The Committee was under the Chairmanship of Honourable Samuel Atta Akyea, Honourable James Agalga as Vice Chair, Honourable Patrick Yaw Boamah, Honourable Ophelia Mensah Hayford, Honourable Eric Opoku and Honourable Peter Lanchene Toobu.5 Among the persons who have appeared before the committee are the IGP himself, Commissioner of Police George Alex Mensah and Supt. George Asare. Some of the persons who appeared before the committee have said due to the security implications and sensitive nature of some of the issues, they preferred to comment on the issues in camera, which request was graciously granted by the Committee and in camera proceedings held. This paper is in no way an attempt to discuss the veracity or otherwise of the allegations on the tape as the author has no capacity and competence to so determine. It is also not an attempt to advocate for any of the witnesses before the 7-member committee or argue for their interest, since they all are competently represented by Counsel of their choices, but rather attempt to comment on the issue of secret recording and illegally obtained evidence in breach of privacy rights, (which to the Author’s mind is becoming rampant6 ), and their admissibility in civil proceedings or otherwise according to the principles known to law under Ghanaian jurisprudence and remedies available to persons who may suffer from such breaches.

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