High Court quashes Charles Antwi’s conviction

The Human Rights Division of the Accra High Court yesterday quashed the sentence of Charles Antwi, the man who was jailed 10 years after he had confessed that he had intended to kill President John Dramani Mahama at a church at Osu in Accra.

In granting the certiorari application by Antwi’s counsel, the court also ordered his immediate release from the custody of the Ghana Prisons Service into the custody of the Accra Psychiatric Hospital.

The release is to enable the 36-year-old unemployed to undergo medical examination at the health facility to ascertain the state of his mind.

However, the court stated that much as the fundamental rights of Antwi, who was not in court, had been abused, he was not entitled to any damages.

Certiorari application

On August 7, 2015, counsel for Antwi, Mr Francis Xavier-Sosu, filed a certiorari application at the High Court, invoking the jurisdiction of the court to quash Antwi’s conviction and sentence.

The application sought a declaration from the court to set aside the charges and entire proceedings of the case, as well as Antwi’s conviction and sentence, by the Accra Circuit Court on July 28, 2015.

He had argued that the court, presided over by Mr Justice Francis Obiri, committed an error in law on the face of the record when he took the plea of the applicant, who was incapable of understanding what he was pleading for.

According to him, that error went to the root of the court’s criminal jurisdiction as to make Antwi’s conviction on the said plea a nullity.

Opposition

On August 11, 2015, the Attorney-General (A-G) opposed the certiorari application by Antwi’s counsel on the grounds that the right procedure to use to set aside the applicant’s sentence was by an appeal for the re-hearing of the case.

The A-G argued that an appeal process would ensure that fresh evidence and other relevant information would be adduced to ensure a re-trial of the accused, during which “we will establish Antwi’s lunacy”.

“If the High Court grants the certiorari and the accused is set free, the Bureau of National Investigations (BNI) can re-arrest him for another re-trial to start all over again,” the A-G stated, adding that the state had already commenced an appeal process at the Court of Appeal.

Flawed judgement

Giving its ruling, the High Court was of the opinion that three factors should have been considered by the Circuit Court when it convicted and imposed a 10-year sentence on Antwi.

It asserted that Antwi had unsound mind that made it difficult for him to understand his actions, a reason which should have prompted the Circuit Court to cause him to be medically examined.

Mr Justice Okwabi said after being mentally examined, the circuit court was supposed to ensure that the medical doctor who examined Antwi was subpoenaed to appear before it to give evidence of his mental state.

That medical examination, he said, would have allowed the circuit court to determine whether Antwi had the mental capability to stand trial and appreciate his plea to the charges levelled against him.

According to the High Court, the circuit court failed to do all those procedural requirements and rather took and retook Antwi’s plea, after which it convicted him based on his own plea.

That, Mr Justice Okwabi ruled, flawed the whole proceedings of the circuit court.

He added that on the face of the record, Antwi was sentenced to 10 years, contrary to the required legal five years, creating legal flaw on the face of the record.

The High Court further stated that both counsel for Antwi and the A-G alluded to the fact that Antwi did not have the mental capacity to stand trial.

GBA’s reaction

As a friend of the court, the President of the Ghana Bar Association (GBA), Nene Amegatcher, stood up after the ruling and described the verdict as “a well-seasoned decision which is a victory for our country’s democracy in terms of human rights”.

He said if Antwi was still in custody, the court should make a specific order for him to be released from prison.

“My experience with prison is that the authorities want a specific order that the applicant should be released, as they do not understand what a certiorari application is,” he prayed the court.

Counsel’s reaction

After the proceedings, Mr Xavier-Sosu said a look at the medical examination conducted by the BNI clearly showed that Antwi “is a threat to himself and the state”.

“This is because his mental status is a difficult one and as such it will be appropriate for him to be confined to a psychiatric facility for him to undergo medical examination until his condition improves,” he stated.

He added that so long as the ruling was not for his client’s acquittal or discharge, “it is a grand opportunity for the state and the security to take time to properly investigate this issue”.

“If there is any merit at all, they are at liberty to arraign him in accordance with the rule and laws,” he said.

‘Corrected injustice’

Reacting to the ruling of the High Court, the acting Chief Executive of the Mental Health Authority, Dr Akwasi Osei, said the ruling was “a day of glory for our country’s rule of law”.

“What appears to be an obvious travesty of justice has been corrected and I think going forward we are admitting that as humans, we can all err, but if we do, there is a mechanism to remedy the error.

“We are happy that this is what has been demonstrated today by the judge who has eloquently given a verdict that Antwi is unwell and the judgement given by the circuit court was unjustified and wrong,” he stated.

Background

On July 26, 2015, Antwi, who hails from Dadiesoaba in the Brong Ahafo Region, was found at the Ringway Gospel Assemblies of God Church at Osu fidgeting on a seat he was sitting.

A member of the congregation spotted him, and when a search was conducted on him, a locally made pistol and two rounds of ammunition were found on him.

Antwi was subsequently arrested to assist in investigations, in the course of which he admitted ownership of the gun and said he had bought it from a Burkinabe at Nkoranza in the Brong Ahafo Region.

Writer’s email: nana.agyeman@graphic.com.gh