Ghana’s attorney general and minister of justice dropped charges against members of Democracy Hub, a civil society group, in February 2025, after four months of prosecution. The group had organised a protest in September 2024 against the widespread destruction and contamination of the country’s water bodies by persons and gangs engaged in illegal artisanal mining.
Media reports alleged police harassment and use of excessive force during the three-day protest. The actions of the police and the courts were the latest in a history of suppression of the exercise of the right to protest. They are based on a military-era law that the Supreme Court declared unconstitutional three decades ago.
The situation highlights the tension between the right to protest and lawful interference with those rights. As a criminologist and an expert in constitutional law, we argue that the tension can be minimised by considering four factors: