Colonel Samuel Kodzo Gamali, a senior officer of the Ghana Armed Forces, Corporal Seidu Abubaka, a junior officer from the same institution and Assistant Commissioner of Police (ACP) Dr. Benjamin Kwasi Agordzo have been acquitted and discharged of abetment and conspiracy to overthrow the Akufo-Addo government.
Six others who were facing the same offence – Sonya Kafui, aka Ezor, Bright Alan Debrah Ofosu, aka Bright, Alan Yeboah, aka BB, Johannes Zikpi, WOII Esther Saan Dekuwine, Lance Corporal (LAC) Ali Solomon and Cpl Sylvester Akanpewon were, however, found guilty and sentenced to death by hanging.
The six were found guilty of conspiracy to commit a crime, to wit treason and high treason by an Accra High Court, presided by three justices of the Court of Appeal, with an additional responsibility of the High Court.
In respect of those who were discharged and acquitted, the justices, Afia Serwaa Asare Botwe, Hafisata Amaleboba and Stephen Oppong said the prosecution could not adduce enough evidence to prove the alleged crimes against them.
This was a unanimous decision by the three justices.
The court said there was nothing to show that these people have interest in overthrowing the government, particularly the prosecution could not provide proof that Col Gamali admitted knowledge of the plot to some senior officers of the military and was waiting for the right hour before he will disclose same to the Military High Command.
Similarly, the court also found a reason of doubt in the prosecution evidence against ACP Agordzo that he donated money to fund the activities of Take Action Ghana (TAG), founded by the first accused, Dr Frederick MacPalm, who is late, to cause mayhem.
It was discovered that a WhatsApp platform, known as TAG Executive, where matters of the coup plot were discussed did have ACP Agordzo as part of its members.
The court added that it was clear from ACP Agordzo interactions with late Dr. Mac Palm that the former donated an amount of GH¢2,000 in furtherance of TAG, for the organisation of a medical outreach and not to stage a coup.
Furthermore, a speech that ACP Agordzo forwarded to late Mac Palm was neither authored by him nor does its content advocate for violence.
In all, the prosecution called 13 witnesses and they are Colonel Issac Ansah, Major General Peter Andoh, Staff Sargent Awarf Sully, Staff Sergeant Henry Ekow Ghartey and Staff Sergeant Natona.
The rest are; Issac Osei, ASP Richard Anati, Col Ansah, Eric Kakari Boating, Francis Aboagye, Kabral Anabila, Cpl Nii Kranchi Ankrah and Detective Chief Inspector Micheal Nkrumah.
It took the Justices, Afia and Hafisata, almost four hours to deliver the judgement yesterday.
The President of the 3-member panel, Justice Afia Sewaa, also stated that Victor Kwadga Adawudu, Counsel for Donya, Corporal Seidu Abubaka, Ali Solomon and Cpl Sylvester Akanpewon failed to file his written submissions when the court ordered.
After the committal trial at the Kaneshie District Court, the high court began the criminal trial on April 2021.
