Criminal Investigations Department.
Ghana Police Service.
11th April, 2023.
May It Please You,
PETITION OF LAWYER ABRAHAM AMALIBA AGAINST HON BRYAN ACHEAMPONG FOR HIS ARREST, INVESTIGATION AND PROSECUTION
The Humble Petition of ABRAHAM AMALIBA ESQUIRE, the Director Legal Affairs Directorate of the National Democratic Congress (NDC) in the Republic of Ghana:
That Your Petitioner is a Ghanaian and the Director (Legal Affairs Directorate of the National Democratic Congress (NDC).
That Your Petitioner on the 8″ day of April, 2023 heard in the news and watched videos, to his chagrin and disappointment, in which Hom Bryan Acheampong, Member of Parliament for Abetifi and Minister for Agriculture and Cocoa Affairs addressed NPP supporters at Kwahu, Mpraeso and told them in a rather exasperating and daring tone that the NPP will never hand over power to the NDC on any platform.
That Your Petitioner says that the said Hon Bryan Acheampong continued to say that they — NPP will show the NDC that the NPP have the men, and that the NPP will do everything possible — fair or foul means to remain in power come what may in the 2024 general elections. I enclose herein, audios and videos of the utterances of Hon Bryan Acheampong for your perusal.
That in the estimation of Your Petitioner and those of the general public, the statements uttered by Hon Bryan Acheampong could be interpreted to mean that the NPP has conceived a grand scheme to subvert the will of the people of Ghana in the 2024 elections and any attempt to resist them would be met with violence.
Your Petitioner wishes to remind you of Hon Bryan Acheampong’s unilateral and illegal deployment of NPP hoodlums garbed in National Security Operatives uniforms to assault the Hon Sam Dzata George, innocent electorates and maimed some NDC supporters in the Ayawaso West Wuogon By-elections.
Your Petitioner says that given the infamous and unenviable track record of Hon Bryan Acheampong in organising NPP hoodlums to unleash violence on Ghanaians, his statements on the 8″ day of April, 2023 border on national security threats and democracy and should not be taken lightly.
That Your Petitioner takes notice and commends the Ghana Police of its unwavering stance in clamping down on comments that have the propensity to incite violence and derail our democratic credentials.
Your Petitioner also notes the swiftness with which persons who were allegedly involved in the recent disturbances at the just ended National Youth Congress of the NDC were arrested across the country.
Your Petitioner refers you to the recent arrest, investigations, charge, arraignment and prosecution of the NDC Suame Constituency Youth Organiser currently pending in the Asokwa Circuit Court, Kumasi.
Your Petitioner encloses herein a photocopy of the Charge sheet and brief facts against NDC Suame Constituency Youth Organiser currently pending in the Asokwa Circuit Court, Kumasi for purposes of refreshing your memory.
Your Petitioner notes as a matter of fact that, the alacrity with which you are prosecuting the NDC Suame Constituency Youth Organiser and urges you to replicate same to the Hon Bryan Acheampong. One of the foundation pillars of the rule of law is equality before the law and the maxim of equity is equality bs equity.
Your Petitioner says that he is certain without any fear of contradiction that the statements of Hon Bryan Acheampong is on all fours with the pronouncements of the Suame NDC Constituency Youth Organiser that led to his arrest the basis upon which he currently stands trial in Court in Kumasi.
Your Petitioner well-nigh believe that arrest, investigations, preferment of criminal charges, arraignment and prosecutions are discretionary but good conscience, equity and natural justice require that precedents be followed to uphold the sanctity of criminal prosecutions in the Country.
It is on the basis of the foregoing that Your Petitioner craves your attention and prays you by way of bringing the contents of this Petition to you to cause the arrest, investigate, charge and put before Court, Hon Bryan Acheampong for his reckless, dangerous, instigating and unparliamentary comments.
That in all these, Your Petitioner is of the view that the pronouncements of the Hon Bryan Acheampong as a Member of Parliament and a sector minister are so serious that it must not go unquestioned lest it becomes a harbinger of a civil unrest.
That as highly count on your swift attention to, and consideration of this humble Petition, kindly accept the warmest compliments and respects of Your Petitioner and those of National Democratic Congress (NDC).
Abraham Amaliba, Esquire
Director (NDC Legal Affairs Directorate)
The Inspector General of Police, Police Headquarters, Accra
The Speaker of Parliament, Parliamentary Service, Ghana, Accra
The Chairman, National Peace Council, Accra;
The President, National House of Chiefs, Accra;
The President, Catholic Bishop’s Conference, Accra;
The Chairman, Christian Council of Ghana, Accra;
The National Chief Imam, Accra;
All Media Houses
THE DIRECTOR-GENERAL CRIMINAL INVESTIGATION DEPARTMENT, HEADQUARTERS GHANA POLICE SERVICE
12th APRIL, 2023
PETITION FOR THE ARREST AND PROSECUTION OF JOHN DRAMANI MAHAMA AND JOHNSON ASIEDU NKETIAH FOR TREASONABLE AND OFFENSIVE CONDUCT CONDUCIVE TO BREACHES OF THE PEACE CONTRARY TO SECTIONS 180 AND 207 OF THE CRIMINAL OFEENSES ACT, 1960 (ACT 29) RESPECTIVELY
I am Henry Nana Boakye, a Ghanaian citizen and the National Organizer of the New Patriotic Party (NPP). | write to formally petition the Criminal Investigation Department of the Ghana Police Service, for the arrest, investigation and prosecution of H.E. John Dramani Mahama and Johnson Asiedu Nketiah, the National Chairman of the opposition National Democratic Congress (NDC) for treasonable and offensive conduct conducive to breaches of the peace contrary to Sections 180 and 207 of the Criminal Offenses Act, 1960 (ACT 29) respectively, and which offences are to be dealt with pursuant to Section 1 of the Criminal and Other Offences (Procedure) Act, 1960 (ACT 30).
Former President John Dramani Mahama, without regard to his stature as a statesman, proudly touted across various platforms, the revolutionary root of the NDC and their unparalleled capacity when it comes to unleashing violence for political gain. Further to this, are his comments to the effect that the NDC’s approach to the elections of 2024 shall be one of “do or die” and “boot-for-boot”. Invariably, this speaks to their unwavering resolve to use fair or foul means to procure electoral advantage regardless of the consequences. When he was asked during a media interview what he meant by ‘boot-for-boot’ and ‘do or die’, and whether with the benefit of hindsight, he would want to retract those incendiary comments, John Dramani Mahama insisted that he meant what he said and that he was never going to retract.
On the part of Johnson Asiedu Nketiah, he has repeatedly threatened fire and brimstone to ensure the victory of the NDC in the 2024 general elections. He has disclosed that the elections shall be bloody and that his party was willing and ready to sacrifice lives to ensure their victory in 2024. He is on record to have stated unequivocally during his victory speech following his election as the National Chairman of the NDC, on December 18, 2022, that, it was time for members of the NDC to continue the fight to win the second Independence of Ghana, and that, they are prepared to sacrifice everything including their lives for an NDC victory in the 2024 general elections.
Given the influential positions that John Dramani Mahama and Johnson Asiedu Nketiah occupy, the NPP is of the firm conviction that such criminally reckless and reasonable commentary coming from them portends a great danger for the peace and stability of the State, and also have the potential of inciting their supporters to disturb the constitutional order by resorting to some unorthodox and extra-constitutional means of changing a democratically elected government.
It is my submission that this treasonable and incendiary commentary by John Dramani Mahama and Johnson Asiedu Nketiah taken together, constitute a patterned conduct aimed at inciting NDC party lackeys to employ all means including violence so long as electoral victory is assured. It also constitutes a veiled threat to overthrow the constitutional process established for conducting general elections in the country. Indeed, we believe it was such reckless commentary coming from them that recently emboldened one of their own, the NDC Youth Organizer for Suame Constituency in the Ashanti Region to brazenly proclaim that the Youth of the NDC were willing to kill people in order to ensure an NDC victory in 2024 general elections.
On account of the foregoing, I humbly submit that if such vacuous commentary is to be eliminated from our body politic, then high-statured persons such as Former President John Dramani Mahama and Johnson Asiedu Nketiah, the National Chairman cannot be immune from arrest and investigations, after all, the principle of equality before the law is enshrined in the Constitution of the Republic.
Madam, the offence of offensive conduct conducive to the breach of the peace that remains on our statute books is to forestall conduct such as the above, that is capable of inciting others to violence and untoward practice, especially considering the influence of the individuals involved. Such utterances ought not be made by any patriotic citizen, much more, a former President and Chairman of the largest opposition party. It is more worrying, that such commentary borders on treason as it threatens the peace and security of the State; and holds in its belly, the capacity to erode all the democratic gains we have made in this Fourth Republic.
Consequently, and given the fact that statute of limitation does not apply to criminal conduct, I pray your esteemed office to immediately arrest, investigate and prosecute Former President John Dramani Mahama and Chairman Asiedu Nketiah for their unbridled and pernicious conducts as aforementioned. Your immediate intervention is required to save our democracy and the Fourth Republican constitutional order. This, I believe, would serve as a caution that any person, regardless of status, can be reached by the long arm of the law, hence must be guided in their commentary.
Kindly find attached for your indulgence, videos, audios, publications and other relevant materials in support of our petition for the immediate arrest, investigation and prosecution of John Dramani Mahama and Johnson Asiedu Nketiah in accordance with your mandate under the laws of the Republic of Ghana.
I trust that you would promptly act on this petition given the graveness of the matters raised. Thank you in anticipation of your usual cooperation.
Yours in service of country.
Henry Nana Boakye Esq. National Organizer, NPP
The Inspector General of Police, Police Headquarters, Accra
The Speaker of Parliament
The Chairman, National Peace Council
The President, National House of Chiefs
The President, Catholic Bishops Conference
The Office of the National Chief Imam
The Christian Council of Ghana