Outspoken ruling National Democratic Congress (NDC) activist David Annan has
confirmed the suspicion of many that the arrest of Kennedy Ohene
Agyapong and his continued detention beyond the legally mandated
forty-eight (48) hours has more to do with the pursuit of political vendetta
than the rule of law. The Police CID requested the Member of Parliament (MP) for Assin North, Kennedy
Ohene Agyapong, last Saturday 14th April 2012 to report to its head office in Accra the following Monday 16th April 2012 at 9 am. The invitation was in connection with inflammatory remarks the MP allegedly made on Oman FM radio station the previous day. When he reported as requested, he was kept in detention and only put before a court of competent jurisdiction seventy-five (75) hours later contrary to the constitutional injunction that no suspect can be kept in police detention beyond forty-eight (48) hours.
Speaking on Okay FM, an Accra-based radio station, on Thursday
April 19, 2012 morning, David Annan, who described himself as a member of the NDC legal
team, arrogated unto himself the role of a spokesman for the Attorney
General's Department, explaining the actions of the prosecution,
including the rationale for the choice of the court of trial in
Wednesday's (April 18, 2012) botched attempt to initiate court proceedings in the matter
in which the beleaguered Member of Parliament for Assin North, Kennedy
Ohene Agyapong, is accused of treason felony, among others.
David Annan, who officially is not an employee of the Police CID and
holds no official position in the government, said: "contrary to the
position of the defence lawyers, the charge we (Mr Annan and his team)
have proffered against the Assin North MP are sustainable."
He explained that the defence team is looking at only one section of
the Constitution - article 3, which states in subsection (a) that, "Any
person who by himself or in concert with others by any violent or other
unlawful means, suspends or overthrows or abrogates this constitution or
any part of it, or attempts to do any such act; or (b) aids and abets
in any manner any person referred to in paragraph (a) of this clause,
commits the offence of high treason and shall, upon conviction, be
sentenced to suffer death." But, they (the prosecution team) are looking
at other article including article 17, which talks of levying war
against Ghana or assisting any state or person or inciting or conspiring
with any person to levy war against Ghana..." He therefore invited the
defence team to revise their notes.
On the botched attempt to commence trial, Mr Annan argued that the
Adjabeng Magistrate court erred in declining jurisdiction over the
matter. He said the stipulated procedures permit such trial to begin at
the level of the Magistrate court. The sitting magistrate however cited a
circular from the Chief Justice's outfit which directed that all first
degree felony cases such as murder, treason, rape, drug offences, etc.
should be referred to the Chief Justice, who will appoint or empanel
judges to sit on the cases. Mr Annan was not the least enthused about
the said circular, vowing that they, the legal team, will challenge any
attempt by the Chief Justice to empanel judges to adjudicate the matter
of the Republic vrs. Ohene Agyapong. In a veiled threat, he cautioned
that if that happens... "asem be ba d'abi", meaning trouble will break
out.
Referring to a previous incident in which he was reported to the
General Legal Council for allegedly impugning the integrity of judges,
he urged the Chief Justice to act transparently and above board to
dispel any suspicion of bias. He said even though the problem between
him and the General Legal Council has been resolved, he was still wary
of possible manipulation of the legal process to the disadvantage of the
NDC.
Asked whether in his view, the charges against Mr Agyapong would be
dropped if he were to apologise for his supposed offensive comments, Mr
Annan answered in the negative, arguing that if an apology from Mr
Alfred Agbesi Woyome will not lead to an abatement of the proceedings
against him, then he sees no reason why an apology from Mr Agyapong
should have that effect. Using Woyome's treatment as the standard for
measuring Police professionalism, Mr Annan sought to justify the
detention of Mr Agyapong beyond the legally mandated forty-eight (48) hours
on the grounds that similar treatment was meted out to Mr Woyome.
Meanwhile, Mr Agyapong's defence team has complained about the
prosecution's handling of the legal processes relative to their client. A
member of the team, Mr Andy Appiah Kubi told the media in Accra on
Thursday April 19, 2012 that information on the court where their client was to be
arraigned and the time were deliberately withheld from them, in an
apparent move to deny their client the right to legal representation in
court. The allegation, married with Mr Annan's submission on Okay FM's
morning show, buttresses the point about an apparent NDC orchestrated
political vendetta against Mr Agyapong.
Information at press time suggests that the tensions that have
mounted over the past few days across the country, following the arrest
and detention of Kennedy Agyapong, have been momentarily defused by the
release of the suspect on 19th April 2012.
Credit: Public Agenda newspaper (editorial for 20-04-2012)
