Joseph Dindiok Kpemka, a Deputy Attorney-General in charge of criminal investigations has averred that the three persons suspected and arrested for creating instability in the country are at risk of life imprisonment if they are found guilty of charges proffered against them.

A government press statement on Monday, September 23, 2019, disclosed that a joint security operation of personnel drawn from Defence Intelligence, Police CID and the BNI conducted a successful operation leading to the arrest of the three persons and the retrieval of several arms, explosive devices, and ammunition from locations in Accra.

The three, Dr. Mac-Palm, Donya Kafui, also known as Ezor, a blacksmith, and Bright Allan Debrah Ofosu, a freight manager, have subsequently been slapped with five charges after they made an appearance at the Kaneshie District Court on Tuesday.

The charges are conspiracy to commit crime, to wit, manufacturing of arms and ammunition and possession of explosives, firearms and ammunition without lawful authority, the first and second accused; Mac-Palm and Kafui were slapped with two extra charges — while Kafui faces additional charges of manufacturing six pistols and 22 explosives, Mac-Palm faces a further charge of possessing 22 explosives, six pistols and three hand grenades without lawful authority.

The development has made a section of Ghanaians who hitherto expected treason charges to be proffered against the suspects question the rationale behind Government’s claim on a plotted coup.

But in an interview on Accra based Joy FM Monday, Mr. Kpemka dismissed such questioning indicating that the charges brought against the three, even though excluded treason, have the ability to sentence them to a maximum penalty of life imprisonment.

“It’s about Manufacture, and it’s also about possession of weapons without lawful authority contrary to section 192 of the Criminal and Related offences act of 1960. I think I need to share sight on this, that is a very serious charge and people do not actually think that it is, but let me make this very clear and categorical that the charge of possession of ammunition without lawful authority is a first degree felony and if you’re convicted of it, you could be sentenced to life imprisonment, if you’re found guilty of that offence. It is a very serious offence indeed and people may have expected to have seen certain charges they haven’t seen but equally as serious are the charges that have been brought against” he said.

Explaining why no treason charges were proffered against the accused, Mr. Kpemka stated that the court which held the case did not have the jurisdiction to do so.

He noted that the security agencies in charge of the case sent the three to court in order not to breach the 1992 constitution which admits that no accused person should be held after 48hours without been put before a court.

“Remember that a district court or a circuit court has no jurisdiction to try the matter at hand and so for purposes of this case if they have been remanded by a District Court then it is just for purposes of holding them until a determination is made as to the substantive charges that will be preferred against the accused persons to enable them launch their defense, that has always been the case, it’s like murder and other such serious crimes, you start it at a District court but when the advice is proferred then the persons are permitted to stand trial at the High court.

“By our constitution, you cannot hold an accused person beyond 48hours without putting him before court and you’re unable to come to conclusion determination, conclude all investigation and build a docket within 48hours so then the police at that stage tries to,  based on available evidence at the time that they want to put you in court prefer charges that they find maintainable in court against you and put you before court so that when completed investigations have been done and dockets have been formed, it can be forwarded to the office of the attorney general and determinations have been made and the appropriate charges will then be preferred against the accused persons and they’ll be put before the most appropriate court to face their fate” he added.

According to the Deputy Attorney General, the final determination of charges to be brought against these persons lies in the power of the Office of the Attorney General and until all investigations are concluded and evidence is provided to the office, complete charges cannot be proffered against these suspected coup plotters.

“The final decision as to what charges will be said against the accused persons will be the office of the Attorney General, and the office, we await cases of a completed docket with all the investigations and all the evidence available to enable us to form an opinion as to the final charges and conclusive charges to be said against the accused persons. As police continue investigations, they may uncover many other facts very relevant to the case and all those things will be built into the docket. And remember they will be taking their statements and all other arrested persons will be interrogated and the footages and etc will be reviewed.

“So in this particular case, if we come at a determination as an attorney general after they have submitted to us a full duplicate docket from the police and we do an empirical review and come to a conclusion determination that the conduct of the accused persons based on available facts and based on available evidence amounted to an attempt to subvert the security of the state or overthrow the government then the charges will change to treason. But that will only be upon receipt of a completed docket and a careful review” he indicated.

Source: ABCNews