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General News of Thursday, 28 August 2003

Source: Palavar

Mechanic in custody for criticising President

For criticising President John Agyekum Kufuor, a 21-year old Kumasi mechanic apprentice, Kwabena Kusi, is spending two weeks in custody, courtesy of an obviously over-zealous magistrate who must have been caught by the climate of fear created in the country in which anybody who dares criticise the NPP Government becomes the enemy of the State.

According to the Daily Graphic report of the incident, Kwabena Kusi was taken to court on August 19, 2003, and was remanded in custody till September 3, 2003, when he is to reappear for the case to continue.

The statements that have landed poor Kwabena Kusi in custody in Kumasi, the NPP heartland, included the following:

“Your so-called Kufuor is in town, that Kufuor who cannot stay in Accra but roams about unnecessarily”.

Kwabena Kusi had earlier been convicted for assault and resisting arrest in respect of the same incident. He is awaiting sentence for those convictions.

The report of poor Kwabena Kusi’s ordeal was first published in the Daily Graphic of Thursday, August 21, 2003, tucked away at page 23. Daily Graphic, however did a marvelous job of using the story as the basis of a powerful editorial in its issue of Friday, August 22, 2003, under the heading, “Travesty of Justice”.

Legal experts that Ghana Palaver talked to were very worried about what appeared to them to be ‘creeping dictatorship’ under the Kufuor administration where the slightest criticism of the Government lands citizens in trouble.

They cited the cases of Hon. E. T. Mensah who was arrested and detained for 48 hours for allegedly whispering that “the plan has worked”, the bodyguard of 2000 Presidential candidate Goosie Tanoh “for leaking mean”, and little Miss Dzidzor Tay for daring to call on the NPP Ministers to “start preparing their handing-over notes”.

“But”, they said, “this one beats all of them because the poor chap has actually been tried and convicted on two charges in respect of which he is awaiting sentence, and has been remanded in custody to await another trial in respect of the same incident”.

The legal experts made reference to all the insults and calumnies that were cast on ex-President Rawlings and his wife, his Ministers and his government in general which they bore in stoic silence and wondered where the NPP Government had the moral courage to describe themselves as the champions of democracy in Ghanaian politics.

Ghana Palaver as a public duty publishes the story in full with full credit to the Daily Graphic for the benefit of our numerous readers.

The story was headed ‘Apprentice remanded in custody’. Now read on.
“Apprentice remanded in custody
[Story: Kwame Asare Boadu]
[Kumasi]
A twenty-one year old apprentice mechanic, Kwabena Kusi, is in trouble with the law for allegedly making derogatory remarks about the President in public during the leader’s visit to Kumasi.

Kusi, a resident of Kumasi, is alleged to have said in the hearing of many people including some policemen that: “Your so-called Kufuor is in town”. That Kufuor who cannot stay in Accra but roams about unnecessarily”.

Kusi was arraigned before the Ashanti New Town Grade One Magistrate Court on the charge of offensive conduct for his comment.

He was also charged for assault and resisting arrest, two charges of which he has already been convicted awaiting sentence.

When the case was called on Tuesday, however, the presiding magistrate, Mr. S. Achina, said the charge of offensive conduct could not hold in such a matter.

He consequently advised that the accused rather be charged under Section 183(a) of the Criminal Code, which has the authority to deal with such matters.

The court further directed that the matter be referred to the Attorney General’s Department for advice.

Kusi was remanded in prison custody to appear on September 3.

Prosecuting, Police Chief Inspector R. A. A. Larbi, said last week the President, Mr. John Agyekum Kufuor, paid a visit to Kumasi.

He said at about 8.30 p.m. on August 9, when the President’s convoy had passed through Asafo, Police Deputy Supt. K. M. K. Amankwah was going round to pick some of his officers who were placed at vantage points to direct traffic.

The prosecutor said when the police officer reached Asafo and was about to pick his men, Kusi shouted that the President was only interested in roaming about instead of staying in Accra.

Chief Inspector Larbi stated that when the police attempted to arrest him he proved very difficult and assaulted one of them.