As far as I can tell, no official communiqu? has come from the camp of the New Patriotic Party (NPP) or that of the ruling National Democratic Congress (NDC) regarding the case in which one Mr. Charles Antwi was tried and sentenced to ten years imprisonment for plotting to kill President John Mahama. (See the DAILY GRAPHIC and DAILYGUIDE of Wednesday, July 29, 2015).
All the same, contrary opinions regarding the case, and especially, the mental state of the man, have rather predictably come from the two political parties. Those speaking from within the NPP share the views of those who have doubted the sanity of the man, while those speaking from within the NDC share the views of those who think that the man is sane.
I am interested in the circumstances leading to the arrest, conviction, and imprisonment of Mr. Antwi by Mr. Justice Francis Obiri, said to be a High Court Judge sitting as a Circuit Court Judge.
A DAILY GUIDE report of Tuesday, July 23, 2015 quotes the Minister of Communications, Dr. Omane Boamah, as coming out with this report on Sunday, July 26, 2015: ?The man (Mr. Charles Antwi) was arrested after his fidgety and suspicious behaviour was noticed during the morning service. He was escorted out by security personnel, and following a search, the weapon was found.?
Incidentally, Dr. Boamah is the same Minister who told us a story about someone or some people planning to sabotage the recently held by-election in Talensi in the Upper East Region. To the bestof my knowledge, Dr. Boamah has not told us what has happened to the case.
I am not a lawyer, but I know that even planning to commit a crime can be an offence. Have there been further investigations into the case? Have there been any arrests? Has prosecution started? Given the dramatic manner in which Dr. Boamah broke the story, I am astounded at the whimper that seems to have ended the matter. But let that pass.
So Mr. Antwi went to the Castle to look for President Mahama to kill him and was told by a security person (soldier or whoever) where he (Mr. Antwi) could find him (the President)? So this security person did not ask any questions as to why he (Mr. Antwi) wanted to see the
President and what his business was with him?
Did Mr. Antwi go to the Castle gate by vehicle? Did he boldly walk to an obviously armed security to ask to see the President? Yes, I am saying that I doubt the story. On the other hand, if the story is true, then it shows how lax the so-called security that supposedly protects the President is. So anyone can go to the Castle or the Flagstaff gate and ask to see the President, or know something about his whereabouts? I see. I did not know that it was so easy.
It is said that at the time Mr. Antwi was arrested, that was his fourth time of going to that church where the President and the Chief Justice worship. The only time the President was present, Mr. Antwi did not carry a gun. On that Sunday, when Mr. Antwi was arrested, the President was absent.
According to a DAILY GUIDE report, a lady member who sat close to Mr. Antwi in the church saw the gun while the suspect was reaching out for it in his pocket. The President was absent, so why was Mr. Antwi fidgeting with the gun? Was he putting it where it would be easy for him to pull out to shoot the President in case he entered the church? Had the police prepared this unidentified lady to give evidence in court? Let us now put Mr. Antwi in court.
Under our laws, the security agents cannot detain an arrested person for more than 48 hours without being put before a court of competent jurisdiction. Consequently, after a preliminary investigation, the police, in strict compliance with the Constitution, put the accused before court to get him remanded so that they could continue with their investigation.
The provisional charge against the accused was possession of a firearm without lawful authority. The gun was said to be an unregistered one which the accused reportedly bought from a Bukinabe.
I understand that the charge of possessing a gun without lawful authority carries a MAXIMUM sentence of five (5) years.
I am reluctant to criticise decisions by judges for one or two reasons. In the first place, I am not a lawyer. Secondly, reports in the media on which most of us rely, may not be completely accurate.
Thirdly, judges do not have the luxury of replying to criticisms because of the nature of their work.
Still, the circumstances surrounding the case of Mr. Antwi make me question the behaviour of Mr. Justice Obiri.
If the maximum prison term for possessing a firearm without lawful authority is 5 (five) years, why did he sentence Mr. Antwi to 10 (ten) years imprisonment? Which of the sentencing guidelines permitted the judge to impose a sentence outside the limit prescribed by the law?
From the look of things, perhaps, Mr. Justice Obiri would have loved nothing better than to sentence the accused to death or life imprisonment, because, according to the story, he (Mr. Antwi) was going to commit treason by assassinating the President of the Republic.
Should our judges be permitted to act whimsically and capriciously by imposing any sentence that catches their fancy?
The report says that at a stage in the court proceedings, Mr. Justice Obiri himself appeared to doubt the sanity of the accused. Instead of erasing all doubts by ordering a psychiatric evaluation, he relied on the non-professional opinion of the police to satisfy himself that the accused was sane. He contemptuously brushed aside a lawyer?s suggestion of a possible psychiatric evaluation.
This was a case that allegedly involved a possible assassination of the President of the Republic. The judge himself envisaged the chaos that would have descended on the country if the act had taken place.
Yet, he sentenced the accused to an unlawful ten years imprisonment, when he (the accused) did not have the benefit of legal aid of any kind. As Shylock would have exclaimed, ?Is that the law??
Look, if it brings any pleasure to Mr. Justice Obiri and those who support what he did, let me say that I hate disorder, especially, violent crime. But our laws are very clear on how to handle prosecutions, conviction, and sentencing. Was Mr. Francis Obiri?s behaviour directed by constitutional, legal and human rights considerations, or by mere sentiment?
I rest my case!
Source:?I. K. Gyasi?, The Chronicle
