Former Legal professional Normal and Minister of Justice Godfred Yeboah Dame has criticized the detention of New Patriotic Occasion (NPP) Bono regional chairman Kwame Baffoe, saying the choice to remand him is “very unhealthy” for Ghana’s democracy.
Chatting with reporters on Thursday, Could 21, shortly after the Accra Excessive Court docket granted Avronye DC bail, Dame maintained that the circumstances surrounding the case didn’t justify the refusal of bail or the initiation of legal proceedings within the first place.
After listening to the matter earlier within the day, the Excessive Court docket granted Avronnier DC bail within the sum of 100,000 francs with two sureties.
The outspoken NPP communicator had earlier been remanded to BNI custody by the Ninth Circuit Court docket in Accra on suspicion of spreading false information.
Reacting to the judgment, Mr Dame argued that this kind of crime shouldn’t usually end in custodial sentences and that even when convicted, the regulation would probably favor a positive or non-custodial sentence relatively than a jail sentence.
“This could by no means have occurred within the first place, as a result of bail ought to by no means be denied in a matter like this,” he stated.
In accordance with the previous lawyer basic, DC Avronye has already been detained for 9 days and eight nights, which he thought-about extreme and inconsistent with democratic rules.
“Bail shouldn’t be refused even after conviction, and primarily based on the court docket’s determination, nobody ought to be detained even when convicted,” Dame stated.
“If a penalty or positive would usually apply, it could clearly be inappropriate for an individual to be detained for about two weeks in a court-arranged case.”
Dame additionally questioned the prosecution’s authorized foundation, arguing that the info introduced by the police level to a doable civil defamation relatively than a legal offense.
He argued that the police criticism primarily targeted on the derogatory and abusive nature of Avronye DC’s feedback, including that such complaints ought to usually be pursued by means of civil litigation.
“The reason for motion for defamation is within the civil area. It shouldn’t be the premise for initiating legal proceedings,” he pressured.
The previous Legal professional Normal additionally accused the present authorities of misapplying Sections 207 and 208 of the Ghana Legal Offenses Act. These provisions relate to the publication of faux information and offensive acts which will violate the peace.
He argued that this provision was more and more getting used to suppress dissent and impede freedom of expression.
“I believe there’s a critical abuse of Sections 207 and 208 by this authorities. It is all as a result of the federal government simply needs to muzzle individuals and stop them from expressing their views freely,” he argued.
Dame described the developments as “reprehensible” and known as on “all right-thinking members of society” to oppose what he characterised as rising intolerance of opposing political opinions.
