GHANA CANNOT AFFORD JUDGES THAT ARE IGNORATE AND DENY PEOPLE DUE PROCESS OF LAW.NO MAN OR WOMEN SHOULD EVER BE CONVICTED IN COURT OF LAW WITHOUT THE RIGHT TO HAVE AN ATTORNEY DEFEND HER OR HIMSELFS
GHANA CANNOT AFFORD JUDGES THAT ARE IGNORATE AND DENY PEOPLE DUE PROCESS OF LAW.NO MAN OR WOMEN SHOULD EVER BE CONVICTED IN COURT OF LAW WITHOUT THE RIGHT TO HAVE AN ATTORNEY DEFEND HER OR HIMSELFS
Kofi Ata, Cambridge, UK 8 years ago
The right to a fair hearing is Article 19(1) and not 19(2) as stated in the article. Therefore, 19(2) should read 19(1). My sincere apology.
The right to a fair hearing is Article 19(1) and not 19(2) as stated in the article. Therefore, 19(2) should read 19(1). My sincere apology.
Kweku Ananse 8 years ago
All previous judgements by Judge Obiri will have to be reviewed. Unfortunately, that Judge Obiri is ignorant of the law and lacks the competence to dispense justice as per the constitution of Ghana is indicative of the human ... read full comment
All previous judgements by Judge Obiri will have to be reviewed. Unfortunately, that Judge Obiri is ignorant of the law and lacks the competence to dispense justice as per the constitution of Ghana is indicative of the human capacity in the country. Although there are many brilliant Ghanaians residing in Ghana, the culture of nepotism and the absence of a meritocratic reward system has placed us on this path where the undeserving rise to the top of public life, and the bright move to the private sector.
Nii Teiko 8 years ago
We ought to review all previous adjudications of this 'Injustice' Obri guy. In fact he doesn't need to be at the bench again. Retraining is a befitting prescription for his incompetent black ass.
We ought to review all previous adjudications of this 'Injustice' Obri guy. In fact he doesn't need to be at the bench again. Retraining is a befitting prescription for his incompetent black ass.
Tuyoo 8 years ago
... GUILTY of contempt of justice!!
... GUILTY of contempt of justice!!
Jojo Hammond, New Jersey 8 years ago
Kofi you've said it all. Justice Obiri did the system of Justice in Ghana a great disservice. I found no sensible explanations for my other African colleagues here, let alone my American friends who asked me about this case ... read full comment
Kofi you've said it all. Justice Obiri did the system of Justice in Ghana a great disservice. I found no sensible explanations for my other African colleagues here, let alone my American friends who asked me about this case. And to think that a High Court Judge (sitting as a Circuit Court Judge) would make these elementary mistakes and missteps, is unpardonable.
And then to see that this has become another issue being played as usual political football, is even worse. Is there anything/any issue that could be discussed dispassionately without resorting to the sickening NDC/NPP nonsense? Why should everything in Ghana, no matter how serious, take on political party (typically NPP/NDC)colors.
We are lost as a nation !!! If the Judiciary and Legislature are behaving this way, what do we expect the other parts of our public service to do?
Usually people do not see the need to adhere to rules and regulations, until we become victims of these lawless acts. To think that these are those who are supposed to know better makes it worse.
Those who keep quiet over these lawlessness would have no sympathies when they become victims to such acts.
YAW 8 years ago
CAUTION: A Ghanaian court consists of one judge of average ignorance.
CAUTION: A Ghanaian court consists of one judge of average ignorance.
Edomi 8 years ago
Are we sure this Judge keeps his knowledge and skills up to date.His action is like a Doctor who will prescribe an out of circulating medication to patients.
Has the Judge got what it takes to be a judge, did he sit in a cla ... read full comment
Are we sure this Judge keeps his knowledge and skills up to date.His action is like a Doctor who will prescribe an out of circulating medication to patients.
Has the Judge got what it takes to be a judge, did he sit in a classroom to study law, are his certificates valid, and are they his. If yes he needs extra training to be abreast with current legislature and a common sense training . Not forgetting educating him on mental health , human rights and the law. He has as said by others disgraced Ghana. Such supposed well educated and high held esteem persons are the light of the country, but it this case l will support that the judge needs a mental health assessment.
LONTO-BOY 8 years ago
MASSA KOFI, whether the suspect gunman is sane or not, this isn't a trivial case. Regardless of his sanity or insanity, the possession of a loaded gun by the suspect intended to 'kill the President'/endanger life, and his abi ... read full comment
MASSA KOFI, whether the suspect gunman is sane or not, this isn't a trivial case. Regardless of his sanity or insanity, the possession of a loaded gun by the suspect intended to 'kill the President'/endanger life, and his ability to position himself in a 'close range' from where the President and his family would have sat is alarming and deep concern for our politics. Now, let's imagine for whatever reason, a "mentally ill" person with a loaded gun was seen around Nana Akufo-Addo's house or few metres away from Nana's campaign platform. I'm sure that would have been an enormous political story. However, I find it quite worrying how the judge, Justice Francis Obiri dramatically and surprisingly passed the harsher 10 year sentence without the consideration of a psychiatric/mental assessment given the suspect's insanity claim by the family.
Understandably, Judges, under such circumstances have a duty to protect the public, and part of that duty is to mete out the rigid sentence. But, the 10yr sentence is not compatible with Ghana's sentencing guidelines. If the basic principle of justice is that the punishment should fit the crime, then Justice Francis Obiri got it wrong.
Dr. SAS, Attorney at Law 8 years ago
What the gunman did had nothing to do with endangering the president or his family because they were not even at the scene. The fact that the president attends that church regularly should not be relevant to anything because ... read full comment
What the gunman did had nothing to do with endangering the president or his family because they were not even at the scene. The fact that the president attends that church regularly should not be relevant to anything because there is no requirement in law that a security imprimatur should be placed wherever the president is known to frequent. A church does not become an extension of a presidential security detail because the president or his family or his officials attend it. By extension of this il/logic, any public place the president goes will become a hallowed ground within which anybody found carrying a weapon becomes a potential presidential assassin. (Example, where the president shops or exercises).
Those at church on that day were those in immediate and imminent danger from that gunman. But the gunman did not kill any of them, although he had the clear chance to kill all of them. The hullabaloo about him trying to assassinate the president therefore stems from ignorance, and of course his presumed state of mind gleaned from his confessions.
Now, in slapping the gunman with any charge, the only issue is what charge is appropriate for a person carrying a loaded gun at a crowded public place. And here, I think the charge of unlawful carrying of fire-arms sounds a little too mild. The proper child should be related to public endangerment or even attempted mass murder/mayhem.
Therefore in the context of the judgment of Judge Obiri, the overall effect on the gunman is patently harmless, considering that an appropriate charge and proper procedure ought to have found him culpable of a higher crime and jailed him for a longer time. Those whose intention is to help the gunman may therefore be doing him a greater harm by insisting on an appeal or a retrial.
Remember also that even if found to be insane, the gunman does not go scot free. He will be confined in a criminal asylum for at least a period akin to the one he is already serving. And here, the question will then be whether an insane asylum is preferred to a prison.
The issue remaining is the process itself. That, evidently, is flawed ab initio. And these due processes and procedures are there to ensure proper justice for everybody. If Antwi's charge and sentence are below what he deserves, he has received sufficient justice because justice could also imply mercy. Unless of course he prefers an asylum prison. I wouldn't.
So instead of focusing on the facts of this particular case in which I see only harmless error, the battle-cry should rather be against spurious processes likely to endanger other people's rights within a court of law. We are merely sticking to due process today not necessarily to help Charles Antwi, but to ensure that we do not become victims of future kangaroo proceedings in which our rights will be abridged.
LONTO-BOY 8 years ago
Dr SAS, this is intellectually and legally impressive perspective. Thank you for your expert legal analysis on this case and the consequences.
Dr SAS, this is intellectually and legally impressive perspective. Thank you for your expert legal analysis on this case and the consequences.
Kofi Ata, Cambridge, UK 8 years ago
Dr SAS, I couldn't agree with you more on your last sentence. That is precisely my concern, particularly when the miscarriage of justice is from the judiciary and not the executive, which usually is the norm.
Mayhem, yes ... read full comment
Dr SAS, I couldn't agree with you more on your last sentence. That is precisely my concern, particularly when the miscarriage of justice is from the judiciary and not the executive, which usually is the norm.
Mayhem, yes but I am not sure about the potential charge of mass murder. Of course, even a machete could be used to commit mass murder but I am not sure how many bullets were in Antwi's gun to commit mass murder. It was not a machine gun neither was he carrying explosive that he could have used to cause mass murder. That charge would have been high handed, though it's possible.
Luther King 8 years ago
Much as I agree jusctice obiri erred, which unfortunately has become the topic of discussion and not the attempt on the president's life. The mistake or error the judge made could be rectified with an appeal.
I think we s ... read full comment
Much as I agree jusctice obiri erred, which unfortunately has become the topic of discussion and not the attempt on the president's life. The mistake or error the judge made could be rectified with an appeal.
I think we shd focus more on the president's security. If this lunatic had succeeded npp would've been blamed and this could have led to a full blown civil war in this country. The cases of Burundi and Rwanda cannot be forgotten soon. If Charles had succeeded Ghana wouldn't have a second chance but head straight into an abyss. In this country, we are so much used to discussing smaller issues leaving the big ones to stay and hit us on the face.
Kofi Ata, Cambridge, UK 8 years ago
Luther King, that is one of the dangers I deliberately did not mention because I wanted to write a second article on the security failure. On that matter, even the BNI is also to blame because they arrested Mr Antwi, interrog ... read full comment
Luther King, that is one of the dangers I deliberately did not mention because I wanted to write a second article on the security failure. On that matter, even the BNI is also to blame because they arrested Mr Antwi, interrogated him and put him before a court without an Attorney. The consequent is that the most important subject of the President security is lost in translation as the talk is on the rights of the accused.
What was the rush to charge him, the speedy trial and sentencing? Of course Mr Antwi must be punished because he planned not only to take life but that of the president of the Republic and the right to life is sacrosanct but equally important is that the constitution must be respected.
Now with his incarceration, Mr Antwi can refuse to answer any further questions from BNI. Justice Obiri shot BNI in the foot. I do not even understand why the accused was not charged with additional and more serious offence of "with intend to murder" but only the possession of arm.
Okonko Palm 8 years ago
The title itself is inciting hatred against a judge who was doing his job according to the rules.This was a man who intended to assassinate a sitting head of state and pleaded guilty to the charge of possessing a loaded gun.
... read full comment
The title itself is inciting hatred against a judge who was doing his job according to the rules.This was a man who intended to assassinate a sitting head of state and pleaded guilty to the charge of possessing a loaded gun.
He was not charged for the more serious offence of attempted murder because his target was not at the scene and therefore that charge could not hold.But here we are cheapening a serious event which could have thrown our democracy in turmoil for cheap academic exercise.
The hullabaloo against this judge is that he should have referred the accuse for psychiatric observation because of his behaviour and utterances.But that decision is subjective and can go either way.It is a matter of believing the actions of the accuse or not.In this case the judge thought he was completely normal in his judgement.
The truth of the matter is that a charge was read and the accuse pleaded guilty and as a court of summary jurisdiction the judge convicted him on his own plea and sentenced him as required by law.
What we must bear in mind is that history of mental illness is no excuse to committing a crime,it is what happened on the day which determines the mental state.
If the suspect has hidden the weapon for example, or taken other steps to elude detection as happened in this case,then it’s a sign of clear thinking—not mental illness and so the judge was right not to look at capacity, others may think differently but that is no grounds to impugn on the judge's integrity.
We should take heed that the case is still being investigated and if evidence should show complicity,then a charge of conspiracy to commit murder will be brought but meanwhile lets do away with this type of articles which tend to support the accuse and rather denigrate the judge who was only doing his duty..
Kofi Ata, Cambridge, UK 8 years ago
"The truth of the matter is that a charge was read and the accuse pleaded guilty and as a court of summary jurisdiction the judge convicted him on his own plea and sentenced him as required by law".
Okonko Palm, which law ... read full comment
"The truth of the matter is that a charge was read and the accuse pleaded guilty and as a court of summary jurisdiction the judge convicted him on his own plea and sentenced him as required by law".
Okonko Palm, which law are you referring to? Ghanaian or which one? You can easily download a copy of the 1992 Constitution, have a look at the Articles I referred to and tell me which law Justice Obiri complied with? These are the minimum norm and international conventions that must be complied in a democratic society.
Even if Mr Antwi had just admitted the crime as charged without making those claims, Justice Obiri had no judicial authority to sentence him when he was taken to court for his pleadings to be taken whilst investigations continued and without an Attorney. Moreover, he had no power to sentence him to ten years when the law required less as the maximum.
I am not here to belittle the seriousness of the crime and the risk to the President of Republic. In fact, that is what BNI should have concentrated on instead of the rush to punish the accused or jail him. Perhaps, it was meant to cover up their incompetence or those behind the the attempt on the life of the President (if any?).
I am not inciting hatred against Justice Obiri and I will repeat that he is unfit to be a High Court Judge. Until Ghanaians stop accepting mediocre as the norm, the country is at the risk of sliding back into the dark days of serious human rights abuses. I do mind even if the prosecution asked for the head of Charles Antwi but was done in accordance with the laws of the land rather than ten years through kangaroo court of Justice Obiri. Justice Obiri is a disgrace to the judiciary and should be sanctioned.
Today, it Charles Antwi so it's ok. Tomorrow it could be or a family member. If I do not express my concern today, there will be no one to do so when it's my time.
HAZOR 8 years ago
Justice Obiri was one of justice Atumbuga panel judges who was invited to office of the president and took bribe to rule infavor of president Mahama during 2012 presidential dispute and was the one who wrote the most ridiculo ... read full comment
Justice Obiri was one of justice Atumbuga panel judges who was invited to office of the president and took bribe to rule infavor of president Mahama during 2012 presidential dispute and was the one who wrote the most ridiculous report on the election dispute.So it is not surprise that Justice Obiri will set the world record in bais adjudication of justice in less than one hour.
Abeeku Mensah 8 years ago
Those who choose to be outraged either of the process or sentence have misplaced value system or are outright hypocrites; they choose to ignore the log in the eye but panic at the speck in the eye of others. Across the Ghana ... read full comment
Those who choose to be outraged either of the process or sentence have misplaced value system or are outright hypocrites; they choose to ignore the log in the eye but panic at the speck in the eye of others. Across the Ghana landscape courts routine pronounce and render unreasonable sentencing on defendants who are poor and outcast of society even as the powerful and political elite run Ghana into the ground with their mismanagement, thievery, nepotism, bribery corruption and moral decadence. What do you misguided bunch really want? Is it a protracted inquisition in the Mr. Antwi case, a hope that if delayed long enough like drug cases, the illegally obtained Ghanaian passport by the former NPP MP from the Brong-Ahafo or misdeeds of Kufour era thieves the case might die without notice? Or better yet still do you guys want a cause to rally the NPP troop around for yet another demonstration? Mr. Antwi is not sick but chose to sell his soul to the operations of political devils in Ghana who hoped to defeat an opponent they could not beat at the ballot box. It is not worth the time, a sold and bought judiciary system in Ghana and the planned chaos to be ushered in by NPP bought organizations if the case went any further. This is a miscarriage of justice that saved Ghana from organized evil and their anticipatory reasons to continue an agenda of making Ghana ungovernable.
Kofi Ata, Cambridge, UK 8 years ago
Abeeku Mensah, how did this miscarriage of justice save Ghana from organized evil and their anticipatory reasons to continue an agenda of making Ghana ungovernable? In fact, the opposite is the case.
If Charles Antwi has n ... read full comment
Abeeku Mensah, how did this miscarriage of justice save Ghana from organized evil and their anticipatory reasons to continue an agenda of making Ghana ungovernable? In fact, the opposite is the case.
If Charles Antwi has no mental problem, then the Prosecution should have appointed a qualified Psychiatrist they trust to have examined him. That would have established beyond reasonable doubt that he is pretending to be insane. Secondly, BNI should have concentrated on finding out if this was an organised plot and if so, who were involved or were there any other person/s involved rather than the rush to jail him. Now that he has been jailed he has the right to refuse to answer any further questions from BNI.
Are you suggesting that Justice Obiri is part of the plot?
KELLICS 8 years ago
As ignorance of the Law is never accepted as an excuse to break it,so is insanity.In fact,it it only a loophole use to either buy time or get a favourable sentence in Law.Even if,Charles Antwi has mental problem,that can also ... read full comment
As ignorance of the Law is never accepted as an excuse to break it,so is insanity.In fact,it it only a loophole use to either buy time or get a favourable sentence in Law.Even if,Charles Antwi has mental problem,that can also, be taken care of,while in prison by Psychiatrist.so those who have tagged this expedient judgement a travesty have lost.Also to note,apart from what the Law says, basically, Judges can use their discretion in setting charges at times.What we should be happy about is the swiftness of the judgement,At least,we are assured of such in the future.It is good to know that,we can bid goodbye to standard deviation of delay in carrying out a simple task.
GHANA CANNOT AFFORD JUDGES THAT ARE IGNORATE AND DENY PEOPLE DUE PROCESS OF LAW.NO MAN OR WOMEN SHOULD EVER BE CONVICTED IN COURT OF LAW WITHOUT THE RIGHT TO HAVE AN ATTORNEY DEFEND HER OR HIMSELFS
The right to a fair hearing is Article 19(1) and not 19(2) as stated in the article. Therefore, 19(2) should read 19(1). My sincere apology.
All previous judgements by Judge Obiri will have to be reviewed. Unfortunately, that Judge Obiri is ignorant of the law and lacks the competence to dispense justice as per the constitution of Ghana is indicative of the human ...
read full comment
We ought to review all previous adjudications of this 'Injustice' Obri guy. In fact he doesn't need to be at the bench again. Retraining is a befitting prescription for his incompetent black ass.
... GUILTY of contempt of justice!!
Kofi you've said it all. Justice Obiri did the system of Justice in Ghana a great disservice. I found no sensible explanations for my other African colleagues here, let alone my American friends who asked me about this case ...
read full comment
CAUTION: A Ghanaian court consists of one judge of average ignorance.
Are we sure this Judge keeps his knowledge and skills up to date.His action is like a Doctor who will prescribe an out of circulating medication to patients.
Has the Judge got what it takes to be a judge, did he sit in a cla ...
read full comment
MASSA KOFI, whether the suspect gunman is sane or not, this isn't a trivial case. Regardless of his sanity or insanity, the possession of a loaded gun by the suspect intended to 'kill the President'/endanger life, and his abi ...
read full comment
What the gunman did had nothing to do with endangering the president or his family because they were not even at the scene. The fact that the president attends that church regularly should not be relevant to anything because ...
read full comment
Dr SAS, this is intellectually and legally impressive perspective. Thank you for your expert legal analysis on this case and the consequences.
Dr SAS, I couldn't agree with you more on your last sentence. That is precisely my concern, particularly when the miscarriage of justice is from the judiciary and not the executive, which usually is the norm.
Mayhem, yes ...
read full comment
Much as I agree jusctice obiri erred, which unfortunately has become the topic of discussion and not the attempt on the president's life. The mistake or error the judge made could be rectified with an appeal.
I think we s ...
read full comment
Luther King, that is one of the dangers I deliberately did not mention because I wanted to write a second article on the security failure. On that matter, even the BNI is also to blame because they arrested Mr Antwi, interrog ...
read full comment
The title itself is inciting hatred against a judge who was doing his job according to the rules.This was a man who intended to assassinate a sitting head of state and pleaded guilty to the charge of possessing a loaded gun.
...
read full comment
"The truth of the matter is that a charge was read and the accuse pleaded guilty and as a court of summary jurisdiction the judge convicted him on his own plea and sentenced him as required by law".
Okonko Palm, which law ...
read full comment
Justice Obiri was one of justice Atumbuga panel judges who was invited to office of the president and took bribe to rule infavor of president Mahama during 2012 presidential dispute and was the one who wrote the most ridiculo ...
read full comment
Those who choose to be outraged either of the process or sentence have misplaced value system or are outright hypocrites; they choose to ignore the log in the eye but panic at the speck in the eye of others. Across the Ghana ...
read full comment
Abeeku Mensah, how did this miscarriage of justice save Ghana from organized evil and their anticipatory reasons to continue an agenda of making Ghana ungovernable? In fact, the opposite is the case.
If Charles Antwi has n ...
read full comment
As ignorance of the Law is never accepted as an excuse to break it,so is insanity.In fact,it it only a loophole use to either buy time or get a favourable sentence in Law.Even if,Charles Antwi has mental problem,that can also ...
read full comment