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27.07.2011 Editorial

When an 85-year old granny is jailed 10 years

By Ghanaian Chronicle
When an 85-year old granny is jailed 10 years
27.07.2011 LISTEN

Madam Akosua Nimo, frail and partially blind, was jailed together with her husband and one other person, for possessing Indian hemp. Apparently, 12 wrappers of a substance that proved to be marijuana were found in the room, where the couple lived.

Yesterday, an Accra High Court set aside the judgment on Madam Akosua Nimo, acquitted and discharged her. In setting aside the original 10-year sentence, Mr. Justice Charles Quist said it was not clear that the grand old lady was involved in the crime of possessing a narcotic drug.

The Chronicle salutes the judge for freeing the old woman who had been unduly punished with that long custodian sentence. Like the judge, The Chronicle does not believe the 85-year old woman could have her senses around enough to possess or trade in narcotic drugs. We are inviting the Chief Justice to investigate the circumstances under which such a grand old lady was put in prison.

We are seriously disturbed by the information that the husband of the old lady is still incarcerated at the Nsawam Prisons. We do not know the identity of the husband. We have no idea of his age or demeanour. We are inclined to hold the view that the husband of such an old and frail looking woman must be getting on in age himself.

We are conducting further investigations into this matter to establish the true identities of this old couple, and to establish the circumstances under which they were arrested, prosecuted, and jailed, according to information available to us, at a circuit court in the country.

Whatever led to their arrest and prosecution, we do not believe that at the couple's age and disposition, they were aware of the crime they were alleged to have committed. The Chronicle is of the firm view that the Circuit Court that sentenced the grand old lady and her husband, lost sight of the essence of a custodian sentence.

Prison is supposed to reform. We do not believe at 85 years, any human being could be reformed in prison. What happened in respect of Madam Akosua Nimo and her husband could only be pure punishment.

At their ages and dispositions, the couple has one foot each in the grave. Subjecting them to custodian sentences was to exacerbate the condition occasioned by their ages. We are inviting the Chief Justice to investigate the circumstances under which the couple was thrown into jail. We have every reason to believe that such an investigation would come out with very interesting findings.

Some of the lower courts in the country tend to pass sentences that do not do justice to our desire to build an equitable society where every one is equal before the law. In some cases, poor and disadvantaged people do not get the justice they seek at the Magistrate and Circuit Court level. We are inclined to believe that Madam Akosua Nimo and, perhaps, her husband, might have been handed raw deals.

At 85, the human mind cannot be sharp enough to plot and execute the kind of crime for which the grand old lady and her husband were thrown in jail for as long as 10 years. Our judges and magistrates are kindly invited to take note.

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