Anyidoho Cannot Be Jailed – John Ndebugri
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Deputy General Secretary of the main opposition National Democratic Congress(NDC) will walk free in the treasonable offence he is charged with, according to Private Legal Practitioner, John Ndebugri.
The Police has officially charged Deputy General Secretary of the opposition National Democratic Congress (NDC) Koku Anyidoho with Treason following his declaration that there will be a civil coup to oust President Akufo Addo.
He was denied bail on Tuesday.
Sources say Police relocated the NDC official from the Criminal Investigation Department (CID) Headquarters in Accra where he had been held up after his arrest Tuesday afternoon to an unknown place.
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He’s expected to be sent to court Wednesday (today) after Police conclude their investigations.
But Lawyer Ndebugri who believes the development is mere tactics to seal the controversial Ghana-US military pact has argued Anyidoho will at the end of the day be set free for want of irresistible circumstantial evidence by prosecutors.
“This is a mere attempt to cover up the nonsensical US military base agreement. Koku can never go to Nsawam. A person is not criminally liable for an offence unless the prosecution can establish Actus Reus (physical act or omission) and the mens rea (mental state) unless the actus Reus and mens rea coincide in point and time.
“In the instant case, Koku could be charged for making those statements. The unanswered question is; can the prosecution establish his intent? He has done nothing prejudicial to the security of the state.” a statement by the Lawyer said.
Section 180 of the Criminal Offences Act, 1960 (Act 29) defines the crime of TREASON as;
(2) For the purposes of subsection (1), high treason has the meaning assigned to it by clause (3) of article 3 of the Constitution.
Clause (3) of the 1992 constitution says;
(3) Any person who –
(a) by himself or in concert with others by any violent or other unlawful means, suspends or overthrows or abrogates this constitution or any part of it, or attempts to do any such act; or
(b) aids and abets in any manner any person referred to in paragraph (a) of this clause;
