This country was liberated from British colonialism in March, 1957 with the motto, Freedom and Justice, with Dr. Kwame Nkrumah as its first leader.
But, not too long after Ghanaians tasted freedom, it was sharply curtailed by draconian laws that made it very impossible for one to feel free.
The Preventive Detention Act (PDA) came into existence on July 18, 1958. This decree allowed Nkrumah to incarcerate, without charge or trial, individuals for up to five years, later extended to ten years in 1959 and indefinitely in 1962.
Then in 1959 came the False Report Act, which made it illegal to utter any false statement that will affect the reputation of Ghana or the Government of Ghana. In this also, the accused had no right to court to defend what he or she supposed to have said. Once accused, one was sent straight to jail for at least five years.
These and many other laws put the country under the thumb of Kwame Nkrumah, who could go to Parliament to pass laws that would suit his ego.
So, it was when Supreme Court judges, trying five accused persons, charged with involvement in the Kulungugu bombing of August 1, 1962, came out their verdict. There was an attempt on Nkrumah’s life at this Upper East region’s town.
The five standing trial were, Mr Ako Adjei, Foreign Minister; Mr. Tawia Adamafio, Minister of Information and Broadcasting and Mr. H.H. Cofie-Crabbe, Executive Secretary of the ruling Convention People’s Party (CPP). The rest were prominent members of the United Party, namely Robert Benjamin Otchere, MP for Amansie and Joseph Yaw Manu.
This Special Court handling consisted of, Chief Justice Sir Arku Korsah, Justice W. B. van Lare and Justice Edward Akufo-Addo, the father of H.E. Nana Addo Dankwa Akufo-Addo. On December 9, 1963, it delivered its verdict. All three judges found no evidence to prove the involvement of Ako Adjei, Tawiah Adamafio and Cofie-Crabbein the assassination attempt. They however jointly agreed that the UP members were guilty as charged.
Not satisfied with the verdict, Nkrumah rushed a bill to Parliament and on December 23, 1963 a new law was passed, with retroactive effect from November 22, 1961, conferring on the president, the power to annul any decision of the Special Courts and any court he considered not in the interest of the state.
The following day, he invoked the new law and declared the judgment of the Special Court, null and void. He went on to dismiss all the judges from the bench and appoint Justice Julius Sarkodee-Adoo as new Chief Justice. The five accused persons were dragged to court again, with the new Chief Justice presiding.
On February 8, 1965, all five were found guilty as charged and were sentenced to death. Exercising his constitutional power of clemency, Nkrumah commuted the death sentences to twenty years’ imprisonment each for the accused.
This is what Freedom and Justice was all about during the First Republic and even though there are no longer such constitutional powers given to the president of the republic today, something going on in court suggests that history could be repeating itself.
On May 21, 2015, Alhaji Adams Mahama, an NPP executive member was killed out of acid burns. Another NPP activist, in the person of Gregory Afoko, was picked up as prime suspect. Another suspect had gone on the run.
In 2019, after a trial of four years, Gregory was found innocent, but was immediately rearrested and put on trial again, this time with Asabke Alandi the second accused.
Another four years on, the court again arrived to a verdict. The jury decided on a majority of 4-3 that Gregory Afoko was innocent, however by a 7-0 verdict, AsabkeAlandi was found guilty and sentenced to death by hanging.
Then, something came up. According to the court, a 4-3 verdict meant that Gregory Afoko was going for another fresh trial. Now many Ghanaians are a bit confused here. We have seen a verdict of 4-3 or 5-4 etc., being held as the final verdict and whatever the majority decided on was implemented. So, what is different with this 4-3 verdict by the jury? Okay, what if the verdict went 4-3 in favor of guilty as charged, would the court order for another fresh trial? Whatever happened, the majority of Ghanaians are more confused about this Freedom and Justice, we profess.
Now, assuming the next court comes out with another verdict of 4-3 of Not-Guilty, will there be another trial? When will the trial of Gregory Afoko ever come to a conclusion?
In 1963, Ghanaians were made to understand that Nkrumah definitely want all the accused persons, which included his cabinet ministers, found guilty and so he ordered a fresh trial and he got what he wanted in 1965. So, specifically, who wants Gregory Afoko found guilty as charged and would be prepared to see the case run in court in perpetuity until that verdict is achieved?
Is Ghana going back to the 1963 event, where court decisions could be overturned by powers that be? We have a president who is a seasoned lawyer and no-one should smear him with this decision of those who feel they have personal scores to settle with Gregory Afoko.
All Ghanaians want is Freedom and Justice. This Gregory Chronicles must end.
Hon. Daniel Dugan
The views expressed in this article are the author’s own and do not necessarily reflect The Chronicle’s stance.
