COVID-19: 4-10-year jail term penalty for not wearing nose mask harsh - Ghana Bar Association

In a statement signed by Anthony Forson Jnr, President and Yaw Acheampong Boafo, Secretary of the GBA, it said it had also noted, with concern, the growing number of confirmed cases of COVID -19 in the country.

The statement said the punishment imposed by the provisions of Section 6 of Act 1012 and Paragraph 4(2) of E1 164 are severe and further that may culminate in the imposition of custodial sentences.

"Much as punishments ought to be meted out to persons who flout and contravene laws, the GBA is concerned with and finds the punishment imposed in respect of persons who breach Act 1012 and E1 164, harsh," it said.

It further said GBA has taken note of the provisions of Section 6 of the Imposition Of Restrictions Act 2020 (Act 1012), which imposes penalties on persons who fail to comply with restrictions imposed under the Executive Instruments issued under Section 2(1) of the Act.

"It is imperative, in the view of the Bar, that all citizens and residents abide by the provisions of all legislations and in particular those that have been enacted to ensure public safety and health in the light of the COVID-19 pandemic.

"GBA is apprehensive that the prisons which are presently congested, may shortly be teeming with convicts who are unable to pay fines imposed by Courts under Section 6 and Paragraph 4(2) aforementioned," it added.

The GBA would, therefore, suggest, in the circumstances, an amendment of the said Section 6 to impose punishments that are less severe, it added.

GBA would propose a fine of not less than ten penalty units and not more than one hundred and fifty penalty units or to a term of imprisonment of not less than one month and not more than two years.

It is our firm belief that our proposals are sufficiently punitive and will deter people from violating the restrictions imposed by virtue of the law.

Ghana adopted a measure that incriminates not wearing a face mask in public places, with those convicted of the offense facing up to 10 years in jail.

President Nana Nana Addo Dankwa Akufo-Addo signed a law (E.I164) that criminalizes the act of not wearing a face mask that fully covers the mouth and nose in public places and the law states that those who are found guilty will be fined a minimum of 12000 cedis ($2000) or a maximum of 60000 cedis ($1000), or will be sentenced to spend between four and 10 years in prison.

As per E.I164, the courts have been granted the authority to hand both a fine and a jail term to the offenders when considered necessary, while the Ghanaian police are now entitled to assure citizens obey the new measure by application of the new executive instrument.