Former National Security Minister Francis Poku has called for a review of Ghana’s Vigilantism and Related Offences Act, 2019 (Act 999), arguing that some of its provisions make effective enforcement difficult.
He described the legislation as a “knee-jerk reaction” to political violence that followed the January 31, 2019 Ayawaso West Wuogon by-election, saying the country could have relied on and strengthened existing laws to deal with acts of vigilantism.
Mr Poku made the comments on Tuesday, August 25, at a National Policy Dialogue on Vigilantism organised by Election Watch Ghana.
According to him, the urgency with which the law was introduced did not allow sufficient consideration of its practical application.
He questioned why a new law was necessary when security agencies already had information about the individuals and activities associated with political vigilantism.
“This Vigilante Act 999 was a knee-jerk reaction because as far as I’m concerned, within 24 hours the system should have known what had happened because those involved were within national security,” he said.
Mandatory sentences a concern
Mr Poku said the mandatory prison sentences contained in the law could discourage police officers from enforcing it because of the severe consequences attached to some offences.
He argued that the evidentiary requirements also presented challenges for successful prosecution.
He cited provisions carrying a minimum 10-year prison sentence for certain offences and said possession of an item considered a weapon could attract a sentence ranging from 15 to 25 years.
According to him, such provisions require careful review to ensure that the law is both enforceable and proportionate.
“Let’s look at the law again. It is never going to work,” he said.
He suggested that lawmakers and security authorities should reassess the provisions and determine whether the current framework adequately addresses the realities faced by law enforcement agencies.
Land guards also a concern
The former security minister also criticised the law for failing to adequately tackle the growing menace of land guards.
He linked the problem partly to weaknesses in Ghana’s land dispute resolution mechanisms, arguing that unresolved land conflicts often create conditions that enable the activities of armed groups and land guards to thrive.
Mr Poku therefore called for a broader approach to tackling vigilantism, involving not only criminal sanctions but also improvements in the systems that generate and sustain conflicts.
He maintained that strengthening existing laws, improving enforcement and addressing underlying disputes would be more effective than relying solely on legislation introduced in response to public pressure.
The National Policy Dialogue was aimed at examining Ghana’s experience with political vigilantism and exploring measures to strengthen the country’s response to the phenomenon.
