“The conviction as a matter of record, survives the pardon. Pardon expresses forgiveness, not innocence. An innocent man cannot be pardoned…” Solomon Ekwenze, Anambra State University
Ananse, the anthropomorphized spider is an invertebrate belonging to the class of Arachnida. In Ghanaian (particularly Asante) folklore, he is a hero.
You may hear many stories, especially escapades and exploits of Ananse, his wife, Aso, his children Ntikuma (first born), Tikenenkene (Big Head) Nankonhwea (Splindly-legged) Afudotwedotwe (Pot-bellied).
You may have heard how he insulted the Potentate of the skies who would announce: “Hon-hon, hon-hon ne hon-hon, Adu Boahemaa me yere ne no” on the way to his wife’s house, and Ananse instead of keeping his mouth shut would reply: “Twee-pe twe-pe”.
There was this adventurous story about Ananse wearing three hats: land-owner, mason, carpenter; when caught in one episode as a land owner, he would say: Esono Ananse a oye asaasewura, ennaesono Ananse a osi dan… But you could not miss Yaw Asare’s book: “Ananse in the land of Idiots”. OR the commonest one in which Ananse desires of carrying a pot of good sense on top of a tree, he put the pot in front of him, only for Ntikuma to suggest a better way of putting the pot at his back. The stories of Ananse are like those of the African-American Community’s Br’er Rabbit or Compair Lapin of the French-Speaking Caribbean Islands.
Taking human form, the stories surrounding his personality (though a trickster) teaches moral, ethical, political or social values, capable of leading a person to the truth through examples, puzzles and avarice.
Like Ananse, the Dormaahene Oseadeeyo Agyemang Badu II wears three hats. He is first a Paramount Chief of Dormaa, a respectable and venerated position that his subjects bow to. He can hardly claim ignorance of the edict in Article 276(1) of the 1992 Constitution which charges: “A chief shall not take part in active party politics; and any chief wishing to do so and seeking election to Parliament shall abdicate his stool or skin”.
This same clause is found in the Chieftaincy Act of 2008, Act 759, Section 57(3) of which uses the same phraseology. To strengthen the position of a chief, Act 759 provides under section 63: “A person who (c) knowingly uses disrespectful or insulting language or insults a chief by word or conduct, (d) deliberately refuses to honour a call from a chief to attend communal labour… commits an offence and is liable on summary conviction to a fine of not more than hundred penalty units or to a term of imprisonment of not more than three months or to both…”.
The second hat worn by the Dormaahene goes parri-passu that of the first. It is for him to tell the world whether he is a politician. But without an open declaration, you can “glean” from his behaviour and utterances where his leanings would go.
Osagyefo Oseadeeyo Agyemang Badu II, known in private life as Daniel Mensah wears a third hat. Any lawyer who attends his court at Tema, or any person who has had a tete-a-tete with him will tell you about his affability. That, notwithstanding, he has waded in so many controversies. He appears to have the unique problem of asserting the influence of Dormaa over Wamfe.
He, it was, who, allegedly, in 17th February, 2014, ordered Mr. Effah-Yeboah to leave Dormaa-Ahenkro by 24th February, 2014, for his own safety. (There was controversy over the Chairmanship of the Area Board of the Presbyterian Health Service, with him as “automatic” Chairman, appointing the Aduanahene, Barima Yeboah Kodie II to act in his stead).
Dormaahene was apparently peeved over the patronage of the hospital’s new mortuary in place of the 10-year-old one built by the traditional authorities, and deriving revenues there from. In an ascending order, he is reputed to have repudiated the age-old tradition of Dormaa paying allegiance to Asante (compare the role of Dormaahene Agyemang Badu I paying homage to Nana Agyemang Prempeh II and the present Otumfuo Osei Tutu II vowing not to engage in “unnecessary debates” with Oseadeeyo Agyemang Badu II. In the past, we used to call such “controversial” people “twam a …” (We decline to heed the invitation to conclude the terminology).
Then, there is this public position Dormaahene holds as a High Court judge, sitting at Tema. He was on an NDC platform at Sunyani Technical University giving a lecture on “The man John Evans Atta Mills-10 Years On” on Saturday, July 1, 2023, and stating: “As a matter of urgency, I am appealing to the President of the Republic (Attorney-General) if he has any role to play, should abort the trial of Quayson and file a nolle prosequi…”
He added that if he had been on the Supreme Court bench, he would have voted against annulling the election and would have voted on the “left” and not gone to the “right”. What? A High Court Judge saying this in public? and on a political party’s platform?
“Nolle Prosequi” (unwillingness to prosecute) is found in section 54 of the Criminal Procedure Code, Act 30 of 1960. In December 2020, in R v Owusu Bempah, the Attorney-General withdrew a case against the General Overseer of the Glorious Power Ministry. There was no need for the Attorney General to offer reasons for the action. You may recall the nolle prosequi filed to free 8 members of the Delta Force who had stormed the Circuit Court in Kumasi in May 2017 to free 13 of their colleagues charged with conspiracy to assault the Ashanti Regional Coordinating Council Director. Her Honour, Patricia Amponsah had no option but to dismiss the case. In May, 2018, the Attorney General filed nolle prosequi to free Aisha Huang accused of illegal mining.
Veteran Lawyer, Sam Okudzeto on 3rd July, 2023 criticised the Dormaahene: “To me, it is repugnant, it is senseless for a sitting High Court Judge to stand on a public platform and make utterances of that nature … I think it is shocking … And Jay Hyde, Deputy Youth Organiser on TV3 noted that Dormaahene was a “propagandist” who did not exercise decorum… K.T. Hammond, Minister of Trader remarked “… This same Supreme Court that you are part of, the same oath that you swore, look at what he has said… who wants him/Dormaaahene) punished…?
The question some are asking is: why not allow the case to go on, and we learn lessons from it? After all, Quayson’s lawyers, including brilliant Tsatsu Tsikata can make a submission of “no case” reference Section 173 and 271 of the Criminal Procedure Code 1960 (Act 30)”
OR even if Quayson is convicted, the President can invoke the Prerogative of Mercy (Article 72 of the 1992 Constitution) in consultation with the Council of State (a) grant to a person convicted of an offence a pardon either free or subject to lawful conditions… Adamu Dramani Sakande MP for Bawku Central, was granted “annesty” by Ex-President John Dramani Mahama. Malam Issah Ex-Minister of Youth and Sports, jailed after only 3months in office, was freed in 2001; Kwame Peprah jailed in 2003 enjoyed Presidential pardon in March 2005.
Selormey, Dan Abodakpi, Tsatsu Tsikata (who declined to accept the offer, appealed against his conviction and won on appeal), Nana Konadu Agyemang Rawlings have all been beneficiaries of a Presidential Pardon-without any need for justification: humanitarian grounds or for reconciliatory purposes.
Africanus Owusu Ansah africanusoa@gmail.com