Controversial Hiplife artiste Kwame Asare Obeng known in his musical career as Kwame A-Plus has in a strong term condemned the Circuit Court Judge that presided over the Delta Force’s case and to a large extent Judges in the country.
Operatives of the Delta Force, a political vigilante group funded by the ruling New Patriotic Party in the Ashanti Region, in a gestapo style, reportedly conducted spontaneous invasion of a Kumasi Metropolitan Assembly Circuit Court presided by Her Worship Justice Senkyere and freed some thirteen members of the Delta Force who were been trial for unlawful entering and assault of a public official, after they group had gone to manhandled the newly appointed security coordinator George Agyei in his office at the Ashanti Regional Coordinating Council to the chagrin of state apparatus.
While the nation and the world is condemning the hoodlums for raiding the court, Kwame A Plus took the battle to social media to express his anger about the presiding judge and the general conduct of judges in the country.
He has this to clear off his chest on his facebook timeline ‘This country does not belong to a group who won an election. This country does not belong to the Ghana Bar Association.
This country called Ghana does not belong to politicians. It belongs to everybody who is legally classified Ghanaian. The law says that even drug addicts must be granted bail because they are innocent until proven guiltily. You declare people wanted. They report themselves to the Police. You ask them to report to the Police Station every day. They abide. You arraigned before court. They appear. Their lawyer and the state prosecutor plead with the judge to grant them bail. The judge says no.
They must be remanded. Like how? So that what? And when you talk the judges say the law belongs to them. I’m making it very clear to everyone.
This country was built on FREEDOM AND JUSTICE. Not freedom and feeling.
Not Freedom and emotions. You can’t take people’s freedom just because you went to ‘Makola’ to study law, incensed Kwame A Plus posted.
He declared his unflinching support for the Delta Force members and dared the judges to come after him. ‘I support the Delta force 100%. He accused the Judges of the country for condoning corrupt politicians.
HOW many times do we hear politicians and their families are put before the law like they do to the poor man, he quizzed? One day we the people will run after all you judges and politicians and take back our country, he served them notice of a reprisal attack to reclaim the country from the judges.
Come and arrest me. You can’t arrest people who have stolen from this country for decades, he dares
But a connoisseur of the industry think Kwame A Plus is sharing an ignorant mind. He argues that the granting of bail or otherwise is discretionary.
It’s only the judge who decides, considering the circumstances of each case, to grant or not to grant bail.
Who says that because the prosecution and defense lawyer agree that accused persons should be granted bail the judge is duty-bound to grant bail, he quizzed?
He said, one may disagree with the judge but her decision will stand until the remanded persons, if they like, apply to the High Court to see if their prayer for bail might be granted.
He ceased the opportunity to call on Kwame A-Plus to stop sharing uninformed opinions on legal matters since it has the potential of landing him in jail.
Source: Mynewsgh.com
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Even though the granting of bail is discretionary, that discretion should not be exercised capriciously. For too long remand is being used as punishment and that is wrong! People have remained decades on remand only to be proven innocent. And when first offenders who are not known to the law are charged with a misdemeanour, why should they be remanded particularly when this was not opposed by the prosecutor? Our judges need to be reasonable! While I disagree entirely with the behaviour of the so-called Delta force in court last week, it is also time for us to reflect soberly on the conduct of the judge. She contributed to what happened by her conduct and therefore she should take her share of the blame for the national disgrace which has engulfed all of us!
the law guides the judges to make fair decisions. to apply it unfairly amounts to abuse of the powers given to the judges. to grant or not to grant bail is guided by whether the culprit is a threat to society, there is a risk of fleeing justice etc. all these are supposed to guide the judge to make her decisions. anything short of that is flagrant abuse of judicial powers. after all delta force is innocent until proven otherwise. it was therefore wrong for their continued remand pending investigation. if lazy prosecutors decide to use one year to do their work, will that mean the culprits need to be detained for that long? please not all those who went to makola are supposed to be custodians of the law. sometimes common sense counts. in as much as i condemn delta force, the judge was also wrong. the law needs a massive overhaul, away from the outmoded laws where you are remanded for pleading not guilty!!!!!