A law lecturer at the Ghana Institute of Management and Public Administration (GIMPA), lawyer John Darko has said Koku Anyidoho could only be charged if the police can sufficiently establish he has the capacity to carry through his threats contained in the controversial comments.
“The police will have to visit his house to know if he has in his possession ammunitions and maybe emails sent to people indicating plans to execute his comment. When the police find these at his residence then he could face the charge but for mere mentioning, it would difficult for him to be convicted for treason”, he argued on Kumasi-based Angel Fm monitored by MyNewsGh.com
Though Mr. Darko condemned Koku’s comments, he also indicated he could not be convicted on treason as being speculated stating: “you can’t convict somebody for treasonable comments; it doesn’t work in that way. You only convict somebody for treason only when you have evidence to prove it”.
On what awaits the embattled Deputy General Secretary if he is eventually hauled before the court for treason or felony and found guilty, he said death or life imprisonment depending on the evidence the prosecutors will adduce.
According to the law lecturer, the constitution of Ghana makes it clear that a person found guilty of treason faces death sentence hence Koku could face similar if found guilty after police investigations.
“When a person is found guilty of such crime, he is sentenced to death. Therefore if the court finds Koku guilty he could face death sentence”. He said but doubted if Koku can be charged with treason for the mere fact of his comment.
He argued that Koku could be charged only when after police’s investigations find evidence which will truly show that, indeed Koku has planned for what he said.
Background
The outspoken Deputy General Secretary of the NDC was detained for two nights after his arrest by personnel of the Criminal Investigations Department (CID) of the Ghana Police Service on Tuesday at the International Press Center for treasonable comments.
They proceeded to conduct a search of his house and have today announced his appearance in court.
Mr Johnson Asiedu Nketia had described the arrest of his deputy allegedly for making alleged ‘treasonable comments’ as a blessing in disguise in the light of the demonstration they were organizing.
Mr Koku Anyidoho reportedly said the history of Akufo-Addo’s father’s deposition in a coup d’état will repeat itself on Accra-based Happy FM.
“On January 13, 1972 a certain Col. Ignatius Kutu Acheampong led a movement that removed the Progress Party from power. Busia was the Prime Minister and Akufo-Addo’s father was a ceremonial president. Somebody should tell Nana Akufo-Addo that history has a very interesting way of repeating itself.” Koku said.
“There’ll be a civil revolt. There’ll be a people’s movement. During President John Mahama’s tenure didn’t we receive similar threats from the likes of Let My Vote Count and OccupyGhana,” Koku said on Happy FM.
“There’ll be a civilian coup d’etat; there’ll be a social revolution and the movement is starting on Wednesday. He [Akufo-Addo] will be fed up at the Presidency.”
But the NDC General Secretary Asiedu Nketia has asked Ghanaians to rubbish Koku’s statement as it doesn’t represent the NDC position.