Does It Take Extra Urge To Figure Out The Mischief That Surrounds'Delta Force 8' Saga?

For some of us it hurts to have short memories but not bad enough not to remember that during the 8 year period that NPP remained in opposition from 2009 - 2016, then the largest opposition party, NPP tried to smear our electoral system as sham, farce and above all, fraudulent. Ins't beautiful democratically speaking, how immediate past president John Dramani Mahama wholeheartedly conceded defeat and gracefully congratulated then president-elect Nana Addo when all indications pointed to the fact that electoral scale tilted in favour of NPP instead NDC then ruling party even before EC could officially declare the results? Mahama, then outgoing president also pledged his support to Nana Addo to move Ghana forward

But in 2012 NPP headed by Nana Addo then in opposition did just the opposite. Then largest opposition party petitioned the Supreme Court, forced the exit of Dr. Afari Gyan, then Electoral Commissioner. Madam Charlotte Osei who was appointed by then president Mahama to replace Afari Gyan was not spared of her share of barrage of insults, harassment and haranguing under the pretext that she was puppet and mole of the ruling NDC who traded her womanhood for that post, that the electoral roll was bloated, that she was bound to rig the elections in favor of NDC, etc. etc. This was clear indication that NPP had ulterior motive politically speaking should they lose the elections. That is, NPP would have continued to challenge the 2016 results had it not gone their way

The stark paradox is that we have vigilante group calling itself Delta Force whose allegiance is not in any doubt to NPP (NPP thugs)making claim openly of how they helped NPP win power. The question is the role they had played to secure victory for the party! Or should we say they were behind incidence of irregularities that marred electoral process in Ashanti region, NPP strong hold? The discerning Ghanaian will apparently understand the "help" they offered NPP that gives them the boldness to hassle Ashanti regional security coordinator and force him out of office when the security coordinator was appointed by the president and subsequent storming of court room to free their members charged for that offence

Whatever role Delta Force might have played in NPP electoral victory will be illegal, violation of constitutional rule and impediment of democratic growth, which, ours has earned the accolade as "stalwart or beckon". Hence there is need to disband these politically motivated vigilante groups; be them, Bolgatanga Bulldogs, Invisible Forces or Delta force or whatever!

Before then, the forceful removal from office government appointee and subsequent barging into court house to free its members has become national embarrassment which attracted international attention. And government has to do something about the business at hand created by the Delta Force vigilante group to save its skin

What l don't understand is the continuous assertion by the Attorney General (AG), Gloria Akufo, that her subordinates are not consulting her before taking decisions. Begs the question; since when have subdivisions of our institutions started acting unilaterally, without taking order from the so-called above?

As if the grotesque demonstration of incompetence (that is the claim that she wasn't being consulted by her subordinates) by AG is not enough NPP lawyers have joined the fray to defend the indefensible. There is article making rounds in the media outlets purportedly written by NPP lawyer captioned: "Evidence ( even if false evidence) beats the truth if the truth lacks evidence "

The article was intended to defend what is now known as "Affaire Delta Force 8," the article seeks to explain why the 8 members of the vigilante groups were set free for lack of evidence when they were being tried for illegally setting of their members free from court house. But the article failed to achieve its target because it is full of holes. I may not delve completely into the article but l take some few excerpts to expose mischief, incoherence and if you like, ignorance of the author

"I normally advise my clients in instance without evidence to take their money away because we do have a case," the writer said. That part can't be completely dismissed as false but the probability that is false is high, so we will say is false. Because, is common knowledge that lawyers make the same fees winning or losing a case and counsels are usually needed whether the case has evidence or not. Finally "Ghanaman" lawyer won't let go of money for anything of the world. 2: If we have to use the caption to make analysis from Delta Force 8 perspective, the caption throws enormous doubt on his understanding of legal litigation. Because judging from his own words, we now know he knows what is "false evidence". He would have used false evidence for his clients to beat the "truth or lie" instead of sending them away with the fees

He couldn't because that would amount to contempt of court. 'Fabricated,' rather false evidence can earn jail term. At worst, there is possibility of mistrial or hanged jury when truth lacks evidence making false evidence theory a joke. What is reasonable to suggest is called 'improvision' to build a case. False evidence can't beat the truth in this perspective when the actions of Delta Force were caught on tape in both cases

My assessment of both NDC and NPP lawyers contributing on the Delta Force 8 saga is that the lawyers are too 'theory oriented,' allowing reality to sink in, the Delta Force 8 incidence happened in broad day light with police personnel, judge court clerks, etc present, caught on tape, circulated on the social media. What else evidence do we need?

If that is not evidence enough, the judge who was presiding over Delta Force trial before they were freed by the colleagues can testify in court as "witness" and that alone could gain conviction because in this case the judge will have no reason to lie, so will the police personnel. I was not able to bring my weight to support NDC lawyer Rockson Etse's demand that the judge should be interrogated for evidence. As to who gathers the evidence is the police not the judge

With regard to the case in question, so far, the Delta Force has committed "2 crimes". One was removing legitimate appointee from office. 2. Illegally freeing of suspects (members of Delta Force) from competently composed court of juridiction. Nolle Prosequi could be applied when the suspects were convicted on the first crime, and the term of conviction is harsh enough to deliver perpetual blow to them in the prison cell. Then the state in a bid to save time and money can decide not to try them for the second crime otherwise there is no basis for nolle prosequi

Curiously the Delta Force 8 Saga has exposed the weakness of NPP government in its determination to uphold rule of law. The contrast is very damning:

If NPP government is not able to successfully prosecute mere hobos or hoodlums calling themselves as vigilante group, how successful will the yet to be established Independent Prosecutor be, when it will deal with government past/present officials having the largest capacity to cough up the biggest retainers for the best defense team in town ?

Agobodzo Richard
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