Renowned private legal practitioner Martin Kpebu has clarified the potential fate of the six individuals recently convicted to death by hanging for their involvement in plotting to overthrow the government of Akufo-Addo.
While acknowledging the severity of the death sentence, Kpebu pointed out that its execution is not imminent, and there are two significant impediments to its realization.
Firstly, he highlighted the longstanding trend of successive governments abolishing the death penalty through various white papers. President Akufo-Addo himself has signaled his intention to present bills to parliament, amending the Criminal Offences Act, 1960 (Act 29), which mandates the death sentence for offenses like treason and murder.
“… We have decided as a nation that we want to do away with the death penalty so no president will ever issue any order for their execution. Remember that the (sic) administration issued a white paper after the Constitution Review Commission finished its work, and then JM’s administration issued a white paper accepting the abolition of the death penalty.
“That white paper is binding on President Akufo-Addo. And President Akufo-Addo also even signed Act 1101, the abolition of the death penalty in Act 29. So, you know that currently, murders, piracy and the other offences in the Criminal Offenses Act that used to attract the death penalty, all of those have been cancelled. They’ve been cancelled so they no longer attract the death penalty,” he explained.
He added, “So, all of this shows that once we abolished some of the laws and President Akufo-Addo himself has committed he will now send bills for the abolishment of the death penalty in the Armed Forces law, this shows that nobody is going to kill them.”
The second hurdle, Kpebu indicated, is that the sentencing would be carried out after several years of appeal.
“And these people, before you even contemplate killing them, they must first finish all their appeals and that’s not going to be within the next two years. So, killing them off is totally off the table. Yes, we’ve moved past that,” he stressed the point.
The second obstacle, according to Kpebu, involves a prolonged legal process. Before any contemplation of execution, the convicted individuals must exhaust all avenues of appeal, a procedure expected to extend over several years. Kpebu emphatically stated, “So, killing them off is totally off the table. Yes, we’ve moved past that.”
This elucidation by Martin Kpebu provides insights into the legal complexities surrounding death sentences in the context of Ghana’s evolving legal landscape and the protracted nature of the appeals process.
Background:
In January 2024, the six individuals implicated in a coup plot were sentenced to death by hanging.
Among the convicted individuals were Donya Kafui, alias Ezor, a blacksmith, and Bright Alan Debrah Ofosu, a fleet manager, found guilty of conspiracy to commit treason and treason. Johannes Zikpi, a civilian employee of the Ghana Armed Forces, was convicted of conspiracy to commit high treason.
The trio of soldiers—Warrant Officer II Esther Saan Dekuwine, Lance Corporal Ali Solomon, and Corporal Sylvester Akanpewon—were found guilty of conspiracy to commit high treason.
The judgment, handed down on November 22, 2023, followed the submission of written arguments by all parties involved.
Initially charged on April 24, 2021, Dr. Frederick Yao Mac-Palm, the late Chief Executive Officer of Citadel Hospital, and ACP Dr. Agordzo, along with eight others, faced charges of conspiracy to commit high treason, abetment to high treason, and high treason. All ten accused individuals pleaded not guilty and were granted bail.
However, the demise of Dr. Mac-Palm led to the removal of his testimony from the records following confirmation of his death during the trial.