A 25 year old teacher and serial caller of the National Democratic (NDC), Angate Borzar, has been arrested by the police for allegedly calling the Member of Parliament (MP) for Evalue-Gwira, Madam Catherine Ablema Afeku, a thief during a radio discussion.
He has been charged and put before an Axim Magistrate Court for “abusive conduct conducive to breach of peace contrary to Section 207(1) of the criminal and other offences Act 1960, Act 29.”
He first appeared in court on July 1, 2020, where he was remanded into custody to re-appear on July 10. He was, however, granted self-recognisance bail in the sum of GH¢3,000 during the last adjourned date (Friday July 10, 2020), after he pleaded guilty to the charges.
According to the charge sheet: “You, on April 29, 2020 and June 24, 2020 respectively, at Axim in the Nzema East Municipal Assembly, and within the jurisdiction of this court, without lawful authority you uttered certain abusive words on a West End Radio Programme, to wit ‘Catherine Ablema Afeku is a thief, you brought some white men to Axim and robbed them of their properties. You have earmarked ten thousand dollars to perform rituals to win political power’ among many other provocative words to the annoyance of one Hon. Catherine Afeku and her associates, with intent to provoke breach of peace, or whereby a breach of peace is likely to be occasioned.”
At the court sitting last Friday, July 10, counsel for the accused, Mr. Sagary Nokoe, argued that the charges levelled against his client were incompetent and should not be entertained by the court.
Counsel Sagary Nokoe further told the court that it was being governed by statutes, and that nowhere in it does it give room for a slanderous statement to become criminal action for the court to also entertain same.
According to Counsel Nokoe, the complainant should have come with a civil action and not a criminal one. To him, therefore, the charges against his client have no legs to stand on, and, therefore, should not be entertained by the court. He further contended that the Magistrate Court was not the appropriate forum to also hear a slanderous suit.
To Counsel Nokoe, it is difficult to believe what the state had lost as a result of the slanderous comments to warrant a whole state arresting the 25 year suspect for slanderous comment. But the Magistrate, Mr. Robert Agbleze, replied that albeit his legal point was tenable, the police did not come under civil procedure, but a criminal procedure.
The court also agreed to an out of court settlement pleadings from a chief from the Lower Axim Paramountcy. The parties were asked by the court to come back on July 23, 2020 to report on the progress of the settlement.
Meanwhile, the Regional Secretariat of the NDC has reacted to the arrest of the 25 year old serial caller. In a statement signed by the Communications Director, Kurk Mensah, he said though the party was no way justifying the conduct of its serial caller, it was not happy with how he had been treated. The party said at the time the criminal libel law had been repealed, the party was shocked that a comment by an individual could warrant a police arresting and charging the fellow.
“We believe our comrade has been unfairly treated by being remanded for over a week in total disregard to the repeal of the criminal and seditious laws amendment bill Act 2001,” he said.
The post AFEKU’S ACCUSER THROWN IN FOR 10 DAYS …for calling her a thief during radio discussion appeared first on The Chronicle Online.
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