According to private legal practitioner, Samson Lardy Anyenini says, “Rape attracts between 5 to 25 years (prison sentence on conviction). A District Court has jurisdiction in criminal matters only to the extent that the punishment for the offence does not exceed 2 years.”
Therefore, the Kaneshie District Magistrates’ Court was the wrong forum for the police to have sent the entertainment icon.
Mr. Anyenini says lawyers of KKD ought to have gotten the case thrown out, even if temporarily, on account of that blunder by the police. And one of the lawyers, Nana Asante Bediatuo, agrees. He said “Upon further reflection, it was the wrong forum.”
Samson Lardy Anyenini is claiming the Magistrate Court KKD was taken to in Ghana was a WRONG Court—and as such, his lawyer should have argued to get the case thrown out.
I am not sure what his argument really is but he says because a rape attracts 5-25 years sentence which obviously a Magistrate Court cannot hand down such a sentence, the initial hearing should not have been taken there…
Of course this is wrong where I studied law and currently live—I mean in the UK and I would be shocked if Ghana’s system is any different from that of the UK.
In the UK, virtually every criminal case starts from the Magistrate Court even though the Magistrate Court has the power to sentence to a maximum of 6 months (the other UK law graduates or scholars should correct me on this if the length has changed per the sentencing guidelines).
What happens in UK which I believe is also the case in Ghana is that; cases which may attract more than 6 months sentences such as murder, rape and others still start in the Magistrate Court. If it’s indictable-only, the magistrates’ court will generally decide whether to grant bail, consider other legal issues such as reporting restrictions, and then pass the case on to the Crown Court.
I would be shocked if a Magistrate Court is not allowed to have the first hearing in Ghana as this lawyer is claiming.
For instance, the Ghanaian girl who was recently arrested in UK for smuggling cocaine into the country first appeared before the Uxbridge Magistrate court for her first hearing or charges where she was remanded—before she was transferred to the Crown Court—because the Magistrate Court cannot hand down the required sentence if found guilty.
Any Ghanaian law graduate or scholar here to let us know what happens under Ghana’s judicial system?
Call Sandra Ankobiah and ask her. Barrister, LLB, …tikese3 Ankobiah should know.
You are quite right with your submission, in that Ghana, being a ‘common law’ country, is more likely than not to have a semblance of the English legal system with perhaps slight variations. Furthermore, preliminary/first appearance at court is generally not a trial in itself. Could be a bail/commital hearing and therefore within the remit of the magistrates’ court. Also a court without sentencing powers can still try a case and commit to a higher court for sentencing later.
Did KKD show up in court or police station dressed like this? Like an adherent of La Sape? Is his lawyer a follower of La sape too? Then it perfectly makes sense why he’s being remanded without bail by Ghana Police. He’s guilty of bad fashion choices including the choice of a lawyer. Someone should remind him he’s facing serious charges and he should take it seriously. Showing up in court or police station dressed like a dandy is certainly going to insult the sensibilities of the Ghanaian public who may interpret it as a disrespectful act. He needs to tone down his usual bankyeasi dandyism and stick to something more decent. He should dump the jaguar joker dressing and the fake African aristocratic act. Or Nsawam will remind him of that.
EIII ManassahAtsu, lol…you will kill me oh…u rly got me rolling on the floor laughing…. good one there