Charles Antwi Is Freed

AN ACCRA Human Rights Court has quashed the entire proceedings leading to the 10-year jail term slapped on Charles Antwi, the man at the centre of the alleged assassination attempt on President John Mahama.

The court, presided over by Justice Ken A. Okwabi, held that the conviction of Charles, 36, was wrong in law. Charles was said to be mentally unstable and his demeanour should have prompted the circuit court judge that he was not of sound mind before convicting him.

Charles was sentenced to 10 years' imprisonment for possessing firearm without lawful authority by a circuit court presided over by Justice Francis Obiri on July 28 this year.

The conviction of Charles followed an open confession in court that he attended the Ring Way Gospel Assemblies of God Church in Accra on Sunday, July 26, 2015 with a locally made pistol to shoot President Mahama.

Before the sentence that riled many Ghanaians, Charles stated among other things that he had to fight to eliminate President Mahama because he was not ruling Ghana properly.

Francis-Xavier Sosu, a human rights lawyer for Charles, consequently filed a certiorari application at the court to reverse the conviction.

The Attorney General (AG) had opposed the application, arguing that the possession of firearm was not a case the circuit court had no jurisdiction over, adding that when the charges were read to Charles he denied and later admitted them.

Reliefs
Mr Sosu is praying the court for a declaration that Charles must be sent to a mental health facility for treatment.

The human rights lawyer also wants a declaration that the plea of the convict, who was not represented by a lawyer, as taken in the court, was wrongful and a declaration that his holding up by the BNI was unlawful.

Justice Okwabi, setting aside the judgement, said the applicant lacked the capacity to appreciate the charge levelled against him and to plead same.

Grounds
Giving the grounds for overturning the conviction, Justice Okwabi maintained that the court should have caused the accused to be medically examined.

In the view of the high court judge, the court was also to ensure that the medical doctor who examined the person was subpoenaed before the court to give evidence on the mental state of the person.

Justice Okwabi indicated that if there was any further evidence that was necessary to be taken to ascertain the mental state of Charles, the court was obliged to do so before it decides whether or not the person had the mental ability to even plead to the charges.

While noting that both the applicant and the respondents were not in dispute over the mental state of the accused, he ordered that Antwi be sent to the Accra Psychiatric Hospital for medical examination.

No Compensation
The judge, however, dismissed calls for compensation for Charles as argued by Mr Sosu.

Justice Okwabi unequivocally stated that the applicant was not entitled to any compensation because he was yet to stand trial, adding that no cost would be awarded.

Richard Gyambibi, a Senior State Attorney, said he was grateful the court had taken into consideration the mental state of the applicant. He said the AG was going to take steps to ensure that the proper process was taken. Mr Gyambibi further stated that the state was going to do the right thing. Nene A. O. Amegatcher, national president of the Ghana Bar Association (GBA), who was in the court, described the ruling as 'well reasoned' and one that goes a long way to affirm Ghana's position as a beacon of democracy. He urged the court to make an order for the release of Charles.

Background
Charles, who hails from Dadiesoaba in the Brong-Ahafo Region, was found in the premises of the said church fidgeting. The police alleged that a witness in the case, who was in the church, spotted Charles and when a search was conducted on him, the said pistol and two rounds of ammunition were found on him and he was arrested. The prosecution said in the course of interrogation, Charles admitted ownership of the gun, stating that he bought it from a Burkinabe in Nkoranza, also in the BrongAhafo Region.

BY Jeffrey De-Graft Johnson
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