How to deal with noisy churches and other activities that disturb your sleep

But the question is, for how long? Is it that there is no alternative available for those people?

Ghana is a democratic country and there are laws guiding every person and their activities.

Section 26.(1) of the criminal code of Ghana’s 1992 constitution states that “Every person is entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution.”

Undoubtedly, it is the clause 1 of this section that gives churches, restaurants, bars, town criers and others the right to carry out their activities especially because those activities may be their sources of livelihood.

However, knowing very well that the end of ones right is the beginning of that of another person, the framers of the constitution did not leave the clause 1 of section 26 vague.

They proceeded to give a caveat in clause 2 of the same section 26 that: “All customary practices which dehumanise or are injurious to the physical and mental wellbeing of a person are prohibited”.

This caveat clearly means that inasmuch as churches, restaurants, bars, town criers and others have the right under the constitution to carry out their activities, they must do them in such a moderation that they will not end up being a violation to the rights of others who equally derive theirs the same constitution.

Retired Canadian, 7 times world Champion, Hall of Fame K.I.C.K boxer, Boxer, martial artist, actor and author, Peter Cunningham, in writing his opinion on Ghana’s constitution, specifically regarding noise making said: “The home is a person or persons’ refuge from the world. When noise from outside the home invades that home without invitation or permission it interrupts and disturbs the peace and activities in that home and can even prevent the normal activities of the person/s in the home.

"Noise and its nature and contents can be a form of brainwashing and can change a person/s’ desires and ideas. Forcing certain religious ideas, preaching or music or other voice messages, frequencies or indoctrination into the sanctity, privacy and tranquility of a home is tantamount to brainwashing.”

Clause 7 of Section 296 states that any person who “in any town wilfully or wantonly, and after being warned to desist, makes any loud or unseemly noise howsoever caused to the annoyance or disturbance of any person.

Or in clause 8 of the same section 296, it states that any person who: “in any town, without a license in writing from the Minister or a local authority beats or plays any drum, gong, tom-tom, or other similar instrument of music between eight o’clock at night and six in the morning”, commits a felony for which he or she “shall be liable to a fine not exceeding ¢200,000”.

Now, the question is how to fight for your right using the provisions of the constitution.

Criminal prosecutions are done by the Attorney General and Minister of Justice, so one of the ways you can convey your grievance to the AG’s office for prosecution is to lodge a complaint with the police after probably warning whoever is violating your right, but to no avail.

Once you file a complaint, it is incumbent upon the police to pursue the matter or they will be in breach of Section 22 of the constitution which states that: “Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completing thereof, is guilty of a misdemeanor.”

The police will then make arrest, prepare a docket and forward to the Attorney General’s office for advice and a possible prosecution.

Better still, you can go to court directly by filing a civil action against the errant person or organisation for the court to arbitrate and make a decision that will be binding on either party, depending on whose favour the verdict goes.

There are further more avenues in the same judicial system to explore up to the Supreme Court if one party is not satisfied.

So, those who keep complaining about sleepless nights because of the activities of churches, bars, restaurants clubs and the like, they are also exercising their rights derived from the constitution of Ghana. However, if you feel that they are over exercising them to your detriment, use the laid down alternatives to fight for your right and let them know that their rights end where yours begins.

You may be the one to blaze the trail and others will follow suit and Ghana will eventually become a disciplined nation where everyone is going about their daily activities without overstepping.

How to deal with noisy churches and other activities that disturb your sleep

Often times, many Ghanaians complain bitterly about having sleepless night after a hectic day due to activities of some churches, bars, clubs and other noisy trade activities.

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