Christopher Selorm Ankou
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 –
[ads1](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;
Commits the offence of high treason and shall, upon conviction, be sentenced to suffer death.
In criminal proceedings, for an act to constitute a CRIME, the prosecution has the huge burden of proving the guilt of the accused BEYOND EVERY REASONABLE DOUBT and against ALL AVAILABLE evidence. The rule in criminal law was one of STRICT LIABILITY.
Again, in proving the guilt of an accused, prosecution has the task solely of proving TWO very IMPORTANT ingredients of a CRIMINAL OFFENCE. They include;
1. The *Mens rea* of the accused
The mens rea has to do with the STATE OF MIND of the accused – So we wanna ask the questions if Koku Anyidoho’s state of mind, which prosecution must show via prove evinces or harbors CRIMINAL INTENT.
Prosecution must prove that Koku has some preconceived INTENTION TO COMMIT CRIME which intention is not in doubt.
2. The *Actus Reus* – The PROHIBITED ACT
Simply, the accused must have engaged in an ACT or CONDUCT that is equally PROHIBITED by Law.
So generally and acceptably, for the Deputy General Secretary of the NDC to be charged with the Crime of TREASON or whichever CRIME, prosecution should have been convinced or is convinced they are able to prove the PRESENCE of both MENS REA & ACTUS REUS successfully in the alleged CRIME else the prosecution will FAIL.
Now let me just be an ordinary Madina boy on the Madina/Dansoman trotro, reasonably reasonable and able to analyze issues reasonably without difficulty. What do I think of Koku Anyidoho’s arrest and charge of TREASON.
ANOTHER MUCH I DO ABOUT NOTHING demonstrated!
Was Koku engaged in Violence? Can Koku’s comment at the press Centre constitute VIOLENCE? Are Koku’s statements UNLAWFUL? What constitutes “ATTEMPT” per Article 3 of the 1992 constitution?
Will I, the MADINA BOY onboard the Madina/Dansoman trotro construe those statements as VIOLENT/UNLAWFUL and capable in itself to spark any civil unrest or coup or AN ATTEMPT TO OVERTHROW A GOVERNMENT?
In my simple mind, I find the conclusion of the police CID BOSS, who has knowledge of all the above INGREDIENTS OF A CRIME AS SERIOUS AS TREASON to be seriously appalling and lacking any seriousness. A weak attempt to divert the attention of the GOOD PEOPLE OF GHANA from the real BIG DEAL of the AKUFFO ADDO government, mortgaging the SOVEREIGNTY and PEACE of the good people of Ghana through an UNPRECEDENTED US-GH SECURITY DEAL which the entire nation in one voice SPOKE AGAINST but yet was ratified by parliament sadly.
I hate political equalization but in this particular case, I shall not resist the invitation to call to the memory of us all, similar comments like; All die be die ( Candidate Nana Addo), the invitation by Kennedy Agyapong calling on some tribes to attack others among others.
Let’s get serious in this country. The CID should give us a break and stop causing FEAR, PANIC and unnecessary TENSION in the country.
They should tell the whole nation what they found in Koku’s home that firms their allegation.
An obvious demonstration of their intolerance for FREEDOM OF SPEECH!!!
Spare us the DRAMA!!!!
# Free KOKUnow!!!!!!
# threatAGAINSTfreedomOfSpeech!!