Two recent developments have given hope to the dream that someday officials of serious disposition would emerge on the public administration scene and change the narrative of non- enforcement of the law by those charged with responsibility to do just that.
Obviously, the two personalities who are men of the moment and who have introduced fresh breath into our work ethic are the Greater Accra Regional Minister, Mr. Henry Quartey and the Inspector-General of Police, Dr George Akuffo Dampare. Their brilliant achievements at the dawn of their tenure are matters of public record. When the Police recently held an engagement with stakeholders of faith- based organisations on the need to enforce the laws pertaining to their activities, it was taken as a step towards the consolidation of law and order in our society. In particular, the undertaking by the religious bodies to take steps to reduce their noisemaking was gratifying.
There is every reason to believe that the religious bodies will be held to their word and the constant reminder that six decades of independence have not engendered respect for the laws on noise disturbance and the desirability of observing the rights of others not to be disturbed. It is the expectation that since excessive noisemaking is not the preserve of religious groups, the Police will enforce the law offending laws to cover the activities of drink bars, open air night clubs, street- side preachers, announcers at transport hubs, disc jockeys, drug peddlers, unlicensed information centres and shop keepers.
Excessive noisemaking is so entrenched that some members of the public are sceptical about the existence of institutions which have been empowered to control the menace. While it is true that the Police, Local Assemblies and the Environmental Protection Agency have been characterised by inertia in the discharge of this responsibility, the people are steeped in a culture of noisemaking.
The situation is so hopeless that the Daily Graphic of February 15, 2019, had to concede that it is “one nuisance that has been ignored or downplayed by society for a very long time, and in view of that many Ghanaians have come to accept excessive noisemaking as a way of life.” We cannot accept the unhealthy development especially when the institutional leadership can be goaded by national leadership to get their personnel to do the work for which they are paid.
PUBLIC The work of the control agencies would be enhanced if members of the public, individually and collectively, learn to take responsibility and refrain from conduct that would generate undesirable and excessive noisemaking. We have to respect the boundaries of others and recognise the wrongness of our noisy forms of worshipping, clubbing, marketing, mourning and in wanting every neighbour to know that we own powerful radios and sound systems.
POLICE Police role in checking noise offence is set out in the Public Nuisance part of the Criminal Offences Act, 1960 (Act 29).Section 293 (1) of the Act empowers the police to arrest persons who operate facilities where people gather to play and dance to music without the written permission of the District Assembly. One could also be arrested for
assembling at such unauthorised places or for resisting orders to disperse from such places.

The Police can seize the musical equipment used at the venues pending eventual confiscation by the courts. The use of music to intentionally provoke, challenge, insult or annoy others violates section 295 and could result in arrests, prosecutions and fines. So would failure to heed warnings to desist from same.
It is an offence under section 296 (7) to ignore warnings and wilfully or wantonly make loud or unseemly noise by whatever means to annoy or disturb any person. It is important to remind the Police Administration of its November 18, 2004, GNA- reported pledge to enforce
this section and “hunt for and ensure the prosecution of individuals and corporate bodies that through their activities made excessive noises that were injurious to human health.” Hopefully, the time is ripe for redeeming the pledge. The enforcement of section 296 (8) which provides for the arrest and prosecution of any person who without the written permission of the
Local Assembly or Minister, plays music in public between eight in the evening and six in the morning would greatly reduce the incidence of noise disturbance.
It is the noisiest period in the country and it is doubtful if any Assembly would grant any such dispensation to a church or entertainment point.Police on night patrols should be able to visit any such premises and halt such activities if the supervisors cannot produce the required permit. Police power to deal with noise offence has been further enhanced by section 57 of the Public Health Act, 2012 (Act 851) which authorises the Police, the Public Health Officer, owner of premises or his agent to arrest with
out warrant, any person who violates section 54 of the Act by engaging in or encouraging others to engage in noisy business on any premises and which disturbs others. THE LOCAL ASSEMBLIES The Environmental Health and Sanitation Departments of the Assemblies have primary responsibility for enforcing the Public Health Act, 2012 (Act 851) and the relevant Bye-laws of the Assemblies. Noise offence under the Act is in two parts; Noxious or Noise Disturbance and Public Nuisance. Section 54 of the Act makes it an offence for anyone to engage in or permit any noisy business which adversely affects the health of people in the neighbourhood. On summary conviction, an offender is liable to pay a fine or be imprisoned for each day of further offending. Section 57 authorises the arrest without warrant of a noisy offender by a health officer, among others.
When the arrest is made by a health officer, the person arrested must be handed over to the Police for prosecution within 48 hours. In any District or public place, a person who is determined by the Environmental Protection Agency to have committed public nuisance by defying warnings and persistently making loud or unseemly noise to annoy or disturb anyone could be arrested and upon summary conviction, fined, imprisoned or made to serve both punishments.
Bye- laws which are uniform in large parts provide Assemblies further and more specific basis to control noise disturbance in the localities. For instance, section 1 of the Awutu Senya East Municipal Assembly (Abatement of Noise) Bye- laws, 2013 prohibits the sale of records or other recorded music without the approval of the Assembly. Conditions attached are to ensure the public is not disturbed by the activities of the dealer.

By William K. Asiedu