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29.12.2008 News

The old man who stole a bunch of plantain

The old man who stole a bunch of plantain
29.12.2008 LISTEN


Let me state that in principle, I applaud the decision of the Chief Justice to sympathetically review the case of Opanin Kwadwo Nkansah, the 72-yearold man of Akim Swedru who stole a bunch of plantain from the farm of a fellow farmer.

Being of the same age as Opanin Nkansah, I told myself, "There, but for the love of God, go I." In other words, any human being can fall into one kind of temptation or another and see himself facing the law. Indeed, point out to me any adult who has never sinned or broken the law and I will show you the face of God.

Still, even if all of us have sinned or can sin, and come short of the glory of God, we should still be careful not to allow sentiment to becloud our judgment in this particular case of Opanin Nkansah. It is significant that the Chief Justice never said that Opanin Nkansah was not guilty.

Mr. Justice Clemence J. Honyenuga, a Justice of the Appeal Court, who was appointed by the Chief Justice to review the case, was of the opinion that the sentence of six months imprisonment with hard labour was too harsh. Why?

In the first place, the convicted person was a 72-year-old man. Secondly, the stolen bunch of plantain was recovered. Thirdly, our prisons are already overcrowded. That is what the Judicial Secretary wrote to The Chronicle, which took the story from the Public Agenda. (Please read the letter of the Judicial Secretary, Mr. Justice Alex B. Poku Acheampong in The Chronicle of Monday, December 22, 2008).

In pleading for the old man, The Chronicle noted in its editorial of Monday December 15, 2008, the fact that "our prisons are being packed and the dehumanizing conditions the inmates live in should be a concern to everyone ...” The editorial also noted the total inadequacy of the feeding grants given to the Prisons Service authorities. Finally, the editorial also drew attention to the age of the convicted person.

The question is, have we all gone beyond this outpouring of mere sentimentality in order to ask a few hard questions? The story states that Opanin Kwadwo Nkwansah is himself a farmer, just like Mr. Albert Akwasi Amoako, from whose farm Opanin Nkansah stole the bunch of plantain.

Whether he is still in active service or has retired as a farmer, Opanin Nkansah knows all about the great difficulties farmers go through as they try to produce foodstuffs that feed us and the cash crops like cocoa that bring in the foreign exchange we so badly need.

Farmers endure the pitiless rays of the sun, torrential rains that drench them on the farms, the ever present danger of snake bites or of trees falling on them during rainstorms.

They incur losses from adverse climatic changes (late rains or too much rain or inadequate sunshine) and there is always the possibility of thieves stealing farm produce. And when they finally bring whatever they may have produced to the roadside to sell, unsold perishables like tomato sink them into irrecoverable losses. Why should one farmer steal from another farmer's farm?

In the traditional Asante society, a person may pluck a few fingers of pepper or a few leaves of cocoyam for the express purpose of cooking the stuff and eating it at home. One is never allowed to take a great deal in order to sell it. Even then, the person who plucks the few fingers of pepper or a few cocoyam leaves must inform the owner of the farm later. And he should not make a habit of taking produce from other people's farms.

In other words, the motive should not be for commercial purposes, otherwise the person who does so is branded a thief and dealt with according to the law.

Farmers who have been victims of farm produce theft have been known to take a gun, go to watch and even sometimes kill the thief.

ls Opanin Nkansah a habitual thief of farm produce or was this his first time? What of the victim, Mr. Amoako? Was it the first time that someone had stolen food from his farm or had he been a victim over a certain period of time until Opanin Kwadwo Nkasnah was caught?

The Chief Justice agreed with the reviewing judge that the sentence was too harsh in view of the age of the convicted person and the fact that the bunch of plantain had been recovered from him.

The editorial by The Chronicle drew attention to overcrowding in our prisons and the inadequacy of feeding grants. I am surprised that The Chronicle editorial does not even mildly slap the wrist of Opanin Nkansah by telling him that what he did was wrong and that he should take advantage of the leniency of the Chief Justice by refraining from a similar action in future.

The Chronicle story of Monday, December 22, 2008 prefixed the name of the convict with the title "Opanin" (Elder), while the victim was simply described as "one Albert Kwasi-Amoako."The title, 'Opanin' (Elder) is automatically earned by persons who are advanced in age, say from 60 years onwards. It is a title of great respect and the person so addressed is expected to set a good example, otherwise he loses the respect of the community.

When Jesus Christ rescued the prostitute from certain death, he was not condoning prostitution. He clearly admonished the woman, thus "Go and sin no more." At least I hope that the Chief Justice will find ways of telling Opanin Nkansah, "It is wrong to steal other people's property. It is a crime against the State, a wrong against a fellow citizen and a sin against God. Opanin Nkansah, go and sin no more."

While still on the subject, I ask: What drove 72-year-old man. himself a farmer, to lose respect in the community by stealing just a bunch of plantain? Does Opanin Nkansah have a wife (or wives) and children? If so, where are the children and how old are they? Does he have an extended family? Where are the members?

If it was the death of Opanin Nkansah that was reported , we would have seen such announcements as "Funeral Announcement", Celebration of Life", "Gone too soon", "Called to Glory, "Home Call" , "At Rest' , etc.

The announcement would have been followed by a long list of community members and children, with indications as to whether they are "business executives" or are in London. Paris, Holland, the United States, etc.

If he had died through a road traffic accident, there would be relatives (both near and distant) scheming to collect the insurance money. Depending upon whether Opanin Nkansah was a rich man or a poor one, his family would ensure that every body would know he was given "a fitting burial" after keeping the body in the mortuary for six months, while the crumbling house was rebuilt and repainted or he would hurriedly be buried amid.

Just in....
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