IT IS ABOUT TIME, JOHN MAHAMA AND HIS VOTARIES FACED THE FULL WRATH OF THE LAW.
Dear IGP, Dr. Akufo Dampare.
As it had been in the media space ad infinitum in the past days about the nefarious act exuded by John Mahama’s praetorians, whereas some prophets of the ruling Party, the NPP were molested agonizingly. Mahama is off late beginning to be a bellicose man. This ploy and line of partisan politics Mahama is designing in order to domineer and bulldoze his presumed antagonists, such that, he could become the eventual broncobuster of this Country is hyperbolically becoming cataclysmic. This isn’t the maiden time for the temerarious Mahama to instigate such heinous and nocuous drive : he has been doing it in undertones. Mahama is an erstwhile President of this Country and as such, we expected of him to exhibit honorable transactions, for he is on the ladder of honorific status. But, contrastingly, this brazen man shows no glimpses of such. He has been living his life like an urchin screeching in a wilderness. The hermeneutic of this transpired when John Mahama was mischievously invited by the Christian Service University ( CSU ) as a Guest Speaker during their 50th anniversary.
Since he is a Presidential aspirant and on a ticket of a political party, same as a couple of the Students’ there wouldn’t be politically nexused with him. And as conventional, some students’ ejaculated saying, ” Mahama b3 we “, which translates, ‘ Mahama will lose ‘. Ironically, a section of his bodyguards invaded into where the clamour was made and in impetuousness, rapped those students’ ferociously with their broadened muscular hands, legs etc in the bottomless presence of John Mahama. In a profusely discombobulated state, Mahama couldn’t upbraid any of them to halt such asininity whilst in underway.
Although, I had denoted earlier on that, Mahama is a departed President, but it doesn’t mean he is impervious to the law of this Country.
Article 17 of the 1992 Constitution submits to us, the leeway to impeach John Mahama with regards to this ( of which it trivializes on discrimination and social status ).
Since physical assaults are tantamount to criminality, I herein charge the IGP, Dr. Akufo Dampare to liaise with his adept acolytes in order to bring John Mahama and his orchestrators into book.
Enhancing my legal acumen about this lingering atrocity, under the Criminal Code of 1960 ( Act 29 ) or the Criminal Procedure Code of 1960 ( Act 30 ), it articulates that, ” where a prosecution is brought for a charge of domestic violence, either under negligent harm, a threat of harm or assault , all of which are classified as misdemeanors and carry a sentence of not more than three years, or under an intentional and unlawful harm which is a second degree felony, carrying a sentence of not more than ten years “.
For avoidance of ambiguity, ‘ Domestic Violence ‘ includes various forms of economic abuse, in addition to more conventional definition of sexual and physical violence. More importantly, since there was a physical violence in that process, it is been regarded as a ‘ Domestic Violence ‘. With this, Domestic Violence could be categorized into two based on the degree of the act or incidence, thus Wilful Intent and Unwilful Intent. Normally, the ‘ Unwilful Intent’ comes along with a kind of clemency in the proclamation of the verdict and it is lawfully termed as ‘ Misdemeanor ‘. Other way round, the ‘ Wilful Intent’ is the draconian one and it is generally known as ‘ felony ‘. One could be incarcerated for ages when he/she commits a crime aligned with the Wilful Intent.
However , due to the fact that, those victims were in a pool of blood and blood was oozing over their bodies, the court could impute the magnitude of that assaulting scene as Wilful Intent. And since, it was a gory scene, no Wilful Intent is required here. The intent is not included in the consideration of whether a person engages in Domestic Violence . However, if the crime charges is governed by Ghana’s Criminal Code , it may have an intent requirement. Which at this point, there is a higher probability that, the crime, which might be charged may be under the shelter of Ghana’s Criminal Code on intent ( assessing that precise scenario objectively )
The Offense of Intentional harm is defined as wilfully and unlawfully causing harm to any person. This is a second – degree felony and the only part of the Criminal Code that could apply to domestic violence where Wilful Intent is mentioned. As indicated, it was a Wilful Intent engineered by the racketeers of John Mahama at that auditorium, and for that matter, a perdition ought to be slapped on them.
Since, the Domestic Violence Act came forth, which was driven then by key Civil Society and Women’s Rights Organizations, the Media and International Bodies, the Government and Parliament of Ghana enacted the Domestic Violence Act ( Act 732 ) in February 2007.
The Act outlines a comprehensive legal framework for the prevention of and protection against Domestic Violence and criminalizes various acts of physical and sexual violence, economic and psychological abuse and intimidation in domestic relations.
Therefore, I submit my deepest obsecration to you, the General, Akufo Dampare to let John Mahama and his appendages face the full rigor of the law in this case. Although, the NPP Youth Wing pioneered by the industrious Youths Commander, Salam Mustapha had issued a communiquê demanding for unqualified apology from Mahama respecting to this lethal act. I personally don’t think it will be suffice to propitiate the injuring pains, his guys had fomented to those greenhorn students regarding that innocuous comment they jovially uttered. Let’s this case be a litmus test to escalate our constitutional and legal instruments that, ‘ no one is above the law of the Country ‘. Since, we aren’t living in laxity, so the law (s) must be proactively implemented and executed.
By : Prof. Dinkum.
( The Buzzing Rapine of Erudition )
E – mail : dinkumchoice@gmail.com
Source: Elvisanokyenews.com
