A Ho High Court has adjourned the trial of three members of a Volta separatist group – Homeland Study Group Foundation – to March 14, 2017.
The court, presided over by Justice Charles Agbevor, also granted the three – Charles Kormi Kudjordjie, 93; Martin Asiama Agbenu, 57 and Divine Odonkor, 65 – GH¢50,000 bail each, totalling GH¢150,000, with two sureties, each to be justified.
The three were arrested by the Volta Regional Police on Monday and Tuesday, 6th and 7th March, 2017 respectively, for illegally printing and selling T-shirts that depict the Volta Region and parts of the Northern and Upper East Regions as an independent state to be named Western Togoland – agitating for secession.
Magistrate Declines Jurisdiction
The police charged them with treason felony and paraded them before the magistrate court in Ho, yesterday.
When the case was called, the magistrate declined jurisdiction due to the charge of treason felony proffered against the three men, since it is a first degree felony.
The court thereby charged the police prosecution team to direct the case to the appropriate court.
At the High Court, the prosecution, led by Moses Asampoa, argued that the actions of the group were treasonable.
Persecution’s Case
Mr Moses Asampoa said the group claims that Ghana’s hold on to Western Togoland is illegal and non-negotiable and since the slow process of dialogue was not working, they were going to use radical means to achieve their aim.
He added that the Volta Regional Police Commander, ACP Asomah Hinneh, on March 2, 2017 summoned the executives of the group and warned them not to undertake any action that would undermine the security of the nation.
Mr. Asampoa added that despite the warning, the group went ahead to print the T-shirts and were using radio platforms to declare their intention of seceding the Volta Region and parts of the Northern and the Upper East Regions as independent State of Western Togoland.
He therefore prayed the court to remand the three into custody to allow the police to conduct further investigations in the matter.
He claimed the group’s latest action was treasonable and could destabilise the country, hence the need to remand them.
Separatists’ Rebuttal
Counsel for the accused, Atsu Agbakpe, however disagreed with the prosecution, saying his clients were being detained unlawfully and that the charges levelled against them were frivolous.
He cited Article 19(17) and (18) of the Constitution to buttress his argument, stating that the mere wearing of a T-shirt could not constitute a treasonable offence, since there was no use of aggression.
The Articles state that “(17) Subject to Clause (18) of this Article, treason shall consist only-
(a) in levying war against Ghana or assisting any state or person or inciting or conspiring with any person to levy war against Ghana; or
(b) in attempting by force of arms or other violent means to overthrow the organs of government established by or under this Constitution; or
(c) in taking part or being concerned in or inciting or conspiring with any person to make or take part or be concerned in, any such attempt.
(18) An act which aims at procuring by constitutional means an alteration of the law or of the policies of the Government shall not be considered as an act calculated to overthrow the organs of government.”
He said, “It is not a crime to call a group of people to tell them that in three months on May 9 we will declare independence. It only becomes a crime when the person decides to use violence, aggression or declares war on Ghana.”
Bail
Mr. Agbakpe further noted that the arrest was a deliberate attempt by the police to intimidate and criminalise a lawful assembly.
He therefore prayed the court to grant the suspects bail on the grounds that they were all living in Ho with a fixed place of abode and pose no immediate threat to society.
The presiding judge, Charles Agbevor, in his judgement, maintained that although the action of the group might sound despicable, it does not constitute treason as defined by the law.
He said in order to calm the tension the issue has created in Ho and its surrounding areas, he would grant the suspects bail and urge them to exercise restraint in their activities.
Gibril Abdul Razak, Ho (gbabdulrazal@gmail.com)