Avoid malicious prosecution lawsuit – Lawyer to ACP Agordzo

Lawyer Tachie Antiedu suggests that ACP Benjamin Agordzo can petition the Ghana Police Service to ceremonially promote him and provide all his entitlements before his interdiction following his prosecution in the alleged coup plotters saga.

The lawyer and author explained that following the court’s ruling on the matter, it has exonerated the retired police officer.

Speaking to Rainbowradioonline.com, the lawyer indicated that he can first petition the Ghana Police Service to do the needful, and if they refuse, he can go to court and ask the court to order the service to do so.

The High Court on Wednesday, January 24, 2024, acquitted Assistant Commissioner of Police Benjamin Agordzo, Colonel Samuel Kodzo Gameli, and Corporal Seidu Abubakar in the alleged coup plotters saga.

Six others have, however, been convicted on counts of conspiracy to commit high treason and committing high treason.

The six convicted for plotting a coup have been sentenced to death by hanging.

Six people, including three soldiers, Donya Kafui, aka Ezor (a blacksmith), and Bright Alan Debrah Ofosu (a fleet manager), were found guilty of conspiracy to commit treason, while Johannes Zikpi (a civilian employee of the Ghana Armed Forces) was found guilty of conspiracy to commit high treason.

The three soldiers—Warrant Officer II Esther Saan Dekuwine, Lance Corporal Ali Solomon, and Corporal Sylvester Akanpewon—were found guilty of conspiracy to commit high treason.

Lawyer Antiedu responded, “Yes, why not? He was interdicted and barred from carrying out his duties. When you are interdicted, you are prohibited from working and will not be entitled to all of your benefits because he was charged with this offence.

He was being prosecuted, and if he is acquitted and discharged at the end of the case, he is entitled to the benefits he deserves. So you’d also consider the perks in question and what he’s entitled to. What would he have gained if not for the interdiction and prosecution? As you mentioned, this includes all of the benefits as well as the loss of promotion.

You can request the police, and if they reject, you can sue them. You go to court and pray that the court will grant you that.

Meanwhile, he has stated that the retired officer’s lawyers’ attempts to sue the state for malicious prosecution may fail in court.

Martin Kpebu, lead counsel for ACP Benjamin Agordzo, has served notice to sue the state for frivolous prosecution of his client.

The case, according to him, was not only frivolous but also an attempt to denigrate his client from the start.

The lawyer, after the court’s ruling, stated that his client was providing advice on promoting citizen engagement and utilising legal means for their planned demonstration.

Lawyer Martin Kpebu stressed that the state weaved a frivolous case around the neck of his client, yet the court has exonerated him.

“We will sue the state for compensation because this case has always been frivolous against him. We will look at malicious prosecution and all the other causes of action because this case has always been frivolous from day one, and the Attorney-General knows it,” he added.

Lawyer Antiedu argued that the officer’s prosecution was not malicious as the state was only fulfilling its lawful duty.

“If the state accuses you of something and drags you to court and the case does not succeed, it cannot be termed malicious prosecution. If there is no strong evidence to prove that evidence in the case was planted or that something was done unprofessionally, you cannot say it was a malicious prosecution. We all make mistakes, and this case cannot be described as a malicious prosecution. The Attorney General was only doing its job but got it wrong and cannot be described as malicious prosecution.”

The officer’s lawyers were advised to focus on obtaining the necessary benefits and disregard the malicious prosecution case.