As Africans, our political system, we may call it democracy or whatever, our judicial system etc. must not be an exact duplication of what is found in other foreign nations. Any system we might like to use to govern our nati ... read full comment
As Africans, our political system, we may call it democracy or whatever, our judicial system etc. must not be an exact duplication of what is found in other foreign nations. Any system we might like to use to govern our nations should have African elements that suit our conditions. We are young nations and must use methods that will let us catch up with other nations ahead of us in development. We should not speculate that Anas enticed those who took the bribes to contravene the law. The fact is that, and those who took the bribes know in their hearts, that this is not the first time they have been taking bribes. It is their habit to look down on what is moral. When people come to realize that to be caught taking bribes is shameful and demeaning, the best thing to do will be to refrain from bribes no matter what since, what is done can never be undone.
Addo,Accra 8 years ago
Both Kweku Baako and Anas should be arrested for question,i rest my case
Both Kweku Baako and Anas should be arrested for question,i rest my case
OYOKOBA 8 years ago
Brother Kofi Amenyo, there is no problem talking about or interrogating Anas methods but then that will just be academic, or taking a walk in our minds. The loud cry coming from the people is we don't want some comfortable le ... read full comment
Brother Kofi Amenyo, there is no problem talking about or interrogating Anas methods but then that will just be academic, or taking a walk in our minds. The loud cry coming from the people is we don't want some comfortable leisurely methods to expose corruption, given the criminals and the realms they operate in, that Anas has to work with.
Over and over we hear this invasion of privacy, as if one has to get the consent or waiver of the criminals that they are going to be video-taped before we put them on camera. How are you going to catch even one bad guy if you have to put them on notice? This is not like customer service phone line that presages like: "Hello....this conversation will be recorded for training and quality purposes...blablabla".
The very nature that most corruption and especially bribe taking and giving occurs behind closed doors means one has to use subterfuge and undercover methods to catch the bad guys. For everybody in civil service your guiding principle will have to be: Do not do things behind closed doors that you dare not do in the open. If it is an illegal act, it is an illegal act everywhere, both in private and in public. We cannot allow people like Dery to clutch onto the right to privacy to perpetuate criminal behaviour against the state and pervert justice. He swore to uphold the law everywhere and that includes private circumstances.
Yes, one may have right to privacy but you don't have right to pervert justice in private, and if we have to use some unconventional front entrance methods to catch you, that is what we are going to do. We cannot allow them to use the comfort of privacy to pervert justice. No way. Hence I approve of Anas methods.
LONTO-BOY 8 years ago
You're right, OYOKOBA. Using methods that are unconventional to expose criminal activity and obtain evidence is necessary and justified.
You're right, OYOKOBA. Using methods that are unconventional to expose criminal activity and obtain evidence is necessary and justified.
insight to the bone 8 years ago
Lets not beat around the bush and call a spade a spade , since the so called fake revolution of JJ we now have his legacy of the islamization of the country , tribal politics camouflaged by so called fake socialism , corrupti ... read full comment
Lets not beat around the bush and call a spade a spade , since the so called fake revolution of JJ we now have his legacy of the islamization of the country , tribal politics camouflaged by so called fake socialism , corruption fueled by the desire to undermine the Akan economy , brother hate and despise brother because of pepeni/ayigbe anti Akan agendas. Travel around the country and you will notice in every town village or hamlet a mosque and NDC banners / billboards all over the place. In some hamlets there are not even toilets , schools , clinics but yet a mosque has been placed there like a quiet insidious malignant cancer spreading all over the country through the pro Palestinian , pro Taliban politics of JJ and his ayigbe idiots, so we know why after establishing relations with Israel was Mills murdered .These same Isrealis then turn around and with their computer engineering rig the elections for the enemy all because of a few million dollars they earned. Our country has become a breeding ground for the worst kind of fanatical terrorists , our judiciary a sham , our institutions of state non functional , our economy in less than 7 years now rated junk , our oil blocks sold by pepeni/ ayigbe criminals , our industry destroyed , and them parading useless houseboys like Kofi Adams , Ahwois , PVs, Nketia etc as leaders of the Akans? We are on a roller coaster ride to political violence that will end up in ethnic war and conflict with the NDC hoping that the Fantis will join them to kill their brothers the TWI speakers but they forget war breeds new leaders and are led by intellectuals will can never allow that to happen , For centuries our fathers rejected this islam (and their desire to enslave the blackman) as though originally God's word has now become so perverse by the interpretations of the wicked Arabs and pepeni. Today we have a pepeni president who claims to be a christian but intimately remains a muslim with 17 children and 11 wives , his children have Muslim names and choose to go to be educated in Dubai as every weekend their Alajihs carry their loot there. We have a cabinet heavily lopsided in favor of Muslims northerners , ewes and other non Akans yet they ask we trust them and accept them . The few Akans they have are cowards and wimps who would sell their own mothers for glorified titles and monies but are totally corrupt incompetent empty barrels. Yes they have brought war unto our heads but its a blessing in disguise as it now gives us the opportunity to clean up this mess and form our own new country without this pepeni/ayigbe menace
abongo C/4 boy Tema wh 8 years ago
This is what democracy will land us.we try to know that even better than those who cursed us to practise it.How would we ve found that the 3rd arm of govt. is corrupt had it not been anas.Atleast he has started it nd what are ... read full comment
This is what democracy will land us.we try to know that even better than those who cursed us to practise it.How would we ve found that the 3rd arm of govt. is corrupt had it not been anas.Atleast he has started it nd what are we contributing to help get rid of corruption in our society?I believe anas was recently called to the gh bar right?What impact has the ghana Bar brought us in terms of dealing with corruption?This young man has thought them to sit upright.You see, these judges thing they can do anything they want nd get away with it cus they are much more powerful in society.foolish!Who told u so.
So if anas is reading from me,95% of ghanaians are solidly behind him.This thing must not stop.We love u nd very soon u will need to employ people into ur brilliant job.Thanks
Kofi Amenyo 8 years ago
Wow, OYOKOBA, I think you talked for a lot of Ghanaians and also expressed the anger they feel and the reasons why they feel that anger. Actually, I don't think there is a single Ghanaian who approves of the misdeeds of the j ... read full comment
Wow, OYOKOBA, I think you talked for a lot of Ghanaians and also expressed the anger they feel and the reasons why they feel that anger. Actually, I don't think there is a single Ghanaian who approves of the misdeeds of the judges - not even their family members.
Interestingly, even though you stated categorically that you approve of Anas methods, you were careful not to state that you were making a legal judgement on these methods. You even indicated that extra-judicial measures (subterfuge and undercover methods) are okay if they catch the bad guys. As for any moral concerns, you think they can be indulged in as an academic exercise (a walk in our minds...).
But you agreed with me that we can still talk about these issues which, admittedly, was my principal reason for writing the piece. It was not to condemn Anas. That is why I also never stated anything categorical about the legal status of his methods. I didn't see the film... I just trusted that the man, now a lawyer, will know which side of the law he is walking on.
As for Dery and co, I don’t think they can ever get off the hook. Even if they find some legal loophole and get off leniently, they are damaged goods and damaged forever.
And thanks, OYOKOBA, for honouring me with your presence...(lol) It's not often that we see you here these days.
Kwabena Yeboah 8 years ago
Wofa Amenyo, desperate times call for desperate action and in that sense, the end ultimately justifies the means. Some western civilizations suspend their Constitution to deal with inherent threats that seek to destroy their ... read full comment
Wofa Amenyo, desperate times call for desperate action and in that sense, the end ultimately justifies the means. Some western civilizations suspend their Constitution to deal with inherent threats that seek to destroy their democracies.
If the corrupt Mahama and his NDC morons mean business and want to deal with the widespread corruption in the country, they will do exactly that - declare a state of emergency, suspend the constitution and deal with drastically with these corrupt judges. If something as sacred as justice is auctioned out in the market place for the highest bidder, then who is safe?
Kwabena Yeboah 8 years ago
He that pays the Piper calls the tune! As long as we the citizens remain the paymasters of these corrupt judges, we can choose any method to nab them.
He that pays the Piper calls the tune! As long as we the citizens remain the paymasters of these corrupt judges, we can choose any method to nab them.
Prince Charles 8 years ago
I am a journalist and the method employed by Anas is what pertains in the profession. If you are going to catch a thief, you bait him; if you are going to hunt for bush meat, you set a trap.
Why are you talking about meth ... read full comment
I am a journalist and the method employed by Anas is what pertains in the profession. If you are going to catch a thief, you bait him; if you are going to hunt for bush meat, you set a trap.
Why are you talking about method and not the deed? Yes, the end justifies the means and discussing method is of no interest to any one. If you have morals, you will not fall for a bribe if offered one, rather, you will cause the arrest of the bribe giver, if you have that authority.
Stop this subtle message of implying that Anas erred or what he did was unethical.
Albert Viala 8 years ago
some high offices have ways of covering up their mess to avoid detection, so it is only such crude methods of investigation that can reveal them. The police, BNI and all those who style themselves as investigation elites who ... read full comment
some high offices have ways of covering up their mess to avoid detection, so it is only such crude methods of investigation that can reveal them. The police, BNI and all those who style themselves as investigation elites who are confidently believed to be working within the confines of the law, what have they been able to achieve?
I have been thinking seriously about this issue. Sincerely I have spent over 145minutes on phone to Ghana since this issue.
Is it about a WRONG being unco ... read full comment
I have been thinking seriously about this issue. Sincerely I have spent over 145minutes on phone to Ghana since this issue.
Is it about a WRONG being uncovered?
Huh?
• MV Benjamin Cocaine? What came up? Were the Judges these same chaps?
• Customs Officers who make it in just 5 years with all the mansions, are Ghanaians not aware?
• License Office guys, they “succeed” with all landed property in just a few years at post.
• Lands Commission: Dzalelelee…….They swim in wealth.
• Recruitment into the Police…… Don’t talk about it.
• Admission into secondary Schools, Colleges, you know it better than me.
• More than these, pages will fill up by themselves.
BUT, when Mike Tyson was on top of the world, that (some of us think so..) was the main trap set by the model walking semi-nude by Mike Tyson's Hotel Room corridor and Mike had to go into jail for not comporting himself well enough.
I personally do not agree with ANAS, not because he unearthed a societal wrong. But in the JUDICIARY, we need to know where the 22 or so parcels of cocaine are. Only then can some of us believe that there are clean Judges. Did Anas unearth the whereabouts of the coca, and opted to keep silent on it?
What has GHANA said to Mr. Woyome’s GHC300,000 handshake to State Attorney Neequaye (?) wife????? Hmmnnnn.
Long Live Ghana.
Kofi Amenyo 8 years ago
Yes, there are so many areas that Aremeyaws are needed to put the fear of the Lord into the workers. But, unfortunately, there is only one Aremeyaw. And that's not enough at all. Just shows that we need far more than investig ... read full comment
Yes, there are so many areas that Aremeyaws are needed to put the fear of the Lord into the workers. But, unfortunately, there is only one Aremeyaw. And that's not enough at all. Just shows that we need far more than investigative journalism to deal with a problem which is so widespread. But Aremeyaw is a great input.
You will agree the thing with the judges is his biggest coup of all. Looks like it surpasses anything he has done so far. It is also very symbolic - the body that is supposed to help him fight corruption is itself compromised! The only way Aremeyaw can top this is to reveal the rot in the presidency itself!
Etsenye Kwame, ghanaweb mefiana Ewegbe nunonlo (dzesiiwo) o. Aanyo nuto ne atenu anlo nusianu kple Inglis dzesiwo abe alesi mele ewom ene la.
Akpe
Jasmine 8 years ago
Look, journalists are investigators and most employ these methods of enticement.
There are countless ways the FBI employs this method to delve into criminal behavior of certain individuals online and ofline that often lea ... read full comment
Look, journalists are investigators and most employ these methods of enticement.
There are countless ways the FBI employs this method to delve into criminal behavior of certain individuals online and ofline that often lead to indictment.
Personally, I used this method in certain francophone countries. Stop the diabolisation of Anas Anas' method.
Ghana has ever been on her knees because of the ignoble, disgusting cruelty of our men of law who have no pity for we "the others" who don't matter at all.
I will not shed a molecule of tears for those selfish idiot, no matter the method used in their exposure, and I wish they were shot on the stake several times over.
In the development of the state, there's something known as ethics that very relevant.
The real problem in Ghana is the judiciary how to indict criminals and thieves.
LONTO-BOY 8 years ago
Efo Amenyo, with all intent and purposes, I believe Anas' expose and the investigative work methods are in the public interest. And it can be argued that even if Anas deliberately baited those judges, Anas did not set out to ... read full comment
Efo Amenyo, with all intent and purposes, I believe Anas' expose and the investigative work methods are in the public interest. And it can be argued that even if Anas deliberately baited those judges, Anas did not set out to undermine their integrity but rather those judges exposed their lack of integrity and professionalism. Those corrupt judges were not coerced, intimidated and bullied in his approaches or deceived into their own greed and dishonesty. I believe those judges should examine their conscience in this Anas expose.
Efo Amenyo, as far as I know, recording/filming secretly is one of the major operational tool/technique to gather evidence by undercover reporters/investigators, and the obtained evidence admissible in the court of law. Without the undercover footage, the seriousness of such judicial scandal wouldn't have emerged and those judges exposed.
We all hear stories of judges taking bribe in Ghana but it is very obvious the evidence obtained in Anas's expose would not have come to light in any other way, other than through the investigative methods used by Anas. Hence, Anas' investigative methods are necessary, justified and legal as far as the criminality/allegation can be proven.
Kofi Amenyo 8 years ago
Lonto-Boy, I think I agree with you. For one thing, Anas has qualified as a lawyer and I am sure he knows how to stay on the right side of the law. Other senior lawyers can help him too.
The thing is that some people are ... read full comment
Lonto-Boy, I think I agree with you. For one thing, Anas has qualified as a lawyer and I am sure he knows how to stay on the right side of the law. Other senior lawyers can help him too.
The thing is that some people are also arguing that because his services to society are so vital, he can even cross the legal line in his work so long as he is able to uncover fraud. These are the “by all means possible” people. Most Ghanaians are satisfied with what Anas is doing. They don’t care about the legal or moral implications.
Others are saying we shouldn’t even discuss it at all. Anas can do no wrong because he has brought out wrongdoing to public knowledge. I wrote this piece mainly to say that the issue is still worth discussing even if we agree with Anas.
It is true as you wrote that “recording/filming secretly is one of the major operational tools/techniques to gather evidence by undercover reporters/investigators, and the obtained evidence admissible in the court of law.” But I am sure you also know that even undercover reporters/investigators cannot just do what they like. And Anas was not only just “recording/filming secretly”…
The way we resolve this issue will determine the future of investigative journalism in Ghana. Let us discuss it.
On a personal basis, as indicated in the piece, I have not watched the movie so I don’t think I am qualified to pronounce on the legality or morality of the methods he used. I believe, however, that Anas knows what he was doing. For one so young, he has a lot of experience in the field and I don’t think he is unduly trampling on the individual rights of people.
Thanks for responding to my piece.
LONTO-BOY 8 years ago
Efo Amenyo, it's good we examine the legal and ethical issues of the practices and techniques of Anas' investigative work to ensure the balance between the public interest and the right to privacy/human rights of individuals/ ... read full comment
Efo Amenyo, it's good we examine the legal and ethical issues of the practices and techniques of Anas' investigative work to ensure the balance between the public interest and the right to privacy/human rights of individuals/group being investigated. As we all know, investigative journalists are likely to cite the public interest as a defence their evidence-gathering practices when faced with legal challenges. However, it's up to the courts to determine whether any of their work falls within the public interest or breached the country's criminal law.
Here in the UK, some journalists broke the law by hacking into some celebrities, politicians, members of the public's voicemail messages. What became known as the phone-hacking scandal. Journalists should not operate above the law. Investigative journalists must consider the criminal law and the regulatory codes of their profession during such evidence-gathering practices.
You see, Anas took a risk by bribing in order to prove and expose the corruption within the country's judiciary. Those judges could have caused his arrest on the grounds of bribery if they were unwilling to take the money/bribe. Worryingly, the judges fell foul of the law, instead.
Kofi Ata, Cambridge, UK 8 years ago
Kofi Amenyo, there is absolutely nothing wrong with the methods used by Anas to expose the corrupt and bribe taking judges (legally or morally). As others have pointed out in their comments, there is nothing like breach of pr ... read full comment
Kofi Amenyo, there is absolutely nothing wrong with the methods used by Anas to expose the corrupt and bribe taking judges (legally or morally). As others have pointed out in their comments, there is nothing like breach of privacy of the judges, neither is there a case of entrapment. In fact, the entrapment argument is the weakest so far made by judges. I refer you to Prof Mike Oquaye's article on Ghanaweb this week (see “Issues of Justice and judicial corruption”-Prof Mike Oquaye, writes, Monday September 21, 2015 reported as general news).
I agree with you that are there limits to the use of secret recording (audio or video) and their admissibility as evidence in court and issues of breach of privacy. However, what Anas did is perfectly within those limits and such methods are used by investigative journalists all over the developed democracies. Had Anas set out to deceived the judges then there would have been problems with using the evidence. In all the cases he did not deceive them even if he did not know the accused who were set free by the judges. This is because they were real people in real cases.
Those who question the modus operandi of Anas are misguided to think that legally or morally Anas might have erred or breached the rights of judges. There is no rights like the right to commit crime in private. That would be preposterous. In fact, without even giving consideration to the public interest test, the methodology will still past test of time and space (legally and morally). Of course that does not mean that contrary views should not be debated or expressed.
I will not even consider the public interest to conclude that the end justify the means. That would be an insult and injustice to Anas. Indeed, corruption is endemic in Ghana because we do have many Anases in the country. In the developed world such as UK where there many investigative journalists, they use the same means to expose MPs and public officials who are prosecuted and jailed if found guilty. This because the laws are enforced and complied with without fear or favour. Unlike Ghana, where the laws are not enforced and complied with and if enforced, it's on the basis of who you are with the rich and powerful getting away with murder. Had this happened in the UK, all the judges would have been arrested by the police and bailed, would ultimately be dismissed after disciplinary action, prosecuted and jailed. But in Ghana they will get away with it as they already using technicalities to stall or even stop the processes.
Kofi Amenyo 8 years ago
Thanks for your comments. You have made it clear that there is nothing legally wrong with Anas' methods and you have said why. Indeed, you covered some of this ground in your own piece about the defense the indicted justices ... read full comment
Thanks for your comments. You have made it clear that there is nothing legally wrong with Anas' methods and you have said why. Indeed, you covered some of this ground in your own piece about the defense the indicted justices are mounting and how they can't get away with it.
And you didn't even touch the jewel in your crown - the public interest argument...
Well, as I stated in my piece and elsewhere in the discussions, I cannot really pronounce on the legality of the man's methods, not having seen the film or even knowing all the applicable laws. But I trust that the man has become a lawyer and knows what he is doing... And I want a discussion.
Since you are interested in legal matters and know quite a lot about them, can you, kindly, give us your take on the immunity granted Anas based on the provisions of the Whistle-blower Act?
Thanks
Kofi Ata, Cambridge, UK 8 years ago
Kofi Amenyo, I loved you describing the public interest test as "the jewel in the crown".
Regarding the immunity granted to Anas, in my view, Anas does not need immunity from the state. This is simply because from the fac ... read full comment
Kofi Amenyo, I loved you describing the public interest test as "the jewel in the crown".
Regarding the immunity granted to Anas, in my view, Anas does not need immunity from the state. This is simply because from the facts of the case none of the judges will be successful in bringing claim/s against Anas in any jurisprudence. What would the claim be, breach of privacy or entrapment? Such a claim will be moot on arrival. First and foremost, so far none of the judges has denied that they were not the individuals captured on the tape, they did not take the money and other items and finally did not give false and misleading rulings after taking the bribes or knowingly cause miscarriages of justice. So what would be the legal or moral basis of their claim against Anas?
In fact, under the legal maxim of "ex turpi causa non oritur actio" (no one should benefit from his/her own wrong doing) and the reason/s for such claim/s will be illegal defence Therefore, no court should even entertain any claim against Anas from the judges because such will lead to the court assisting the judges to benefit from their own crime, which this legal maxim does not allow. The court will consider such claims but will throw them out for lacking merit under this maxim.
I guess the authorities in Ghana knew that should Anas not be granted immunity under the Whistle Blowers Act the judges could use their positions to abuse the judicial system to bring illegal claims against him. That would cost Anas time and money to defend the claims, not forgetting the stress. For these reasons they were right to do so by granting Anas immunity from prosecution even if it was unnecessary. However, such claims if resorted to by the judges, Anas will have the right to ask for his defence cost from the litigant/s (judge/s) because the claim/s will fail.
On the question of whether Anas is eligible to be given immunity from prosecution under the Whistle Blowers Act, the answer is definitely yes. One does not need to belong to an organisation as an employee or in whatever role to be qualified to use the Act in disclosing or exposing wrong doing or crime in the public interest. Any individual whether a citizen or not can rely on the act to disclose or expose wrong doing or a crime in the public interest, provided the intentions are genuine and there were reasonable grounds for the disclosure or exposure.
luda 1 8 years ago
Yes the end justifies the means. Do you expects someone who have genuinely bribe a judge to twist a case in his favor to come and tell u he has bribe a judge? Or the judge who has taken a bribe to come out and confess that y ... read full comment
Yes the end justifies the means. Do you expects someone who have genuinely bribe a judge to twist a case in his favor to come and tell u he has bribe a judge? Or the judge who has taken a bribe to come out and confess that yes am a bribe taker. You see? Anass have no choice, even with this video evidence what are we hearing? Are the judges not trying very hard to deny?
Daniel K. Pryce, Ph.D. 8 years ago
"The party that wins a case in court is the party that has made the better legal argument. That is why known criminals can walk free if they are able to pay the best legal minds to defend them. It is this very principle that ... read full comment
"The party that wins a case in court is the party that has made the better legal argument. That is why known criminals can walk free if they are able to pay the best legal minds to defend them. It is this very principle that has enabled the justices to find legal loopholes to set criminals free when a bribe is paid."
Kofi, this is a pertinent argument that I'd like to touch one. Indeed, the average man on the street may look at the outcome of a case and assume that the innocent was freed and the guilty punished, but it is not always so. This also means that JUSTICE is not always served.
The preceding argument also ties into another one: Should a lawyer intentionally side with a criminal and get him off the hook just because he has enough money to pay the former?
Additionally, should a lawyer make money by any means necessary even though he knows his client is guilty? (Think: attorney-client privilege allows a defendant to share details of his case with his lawyer without fear that the state will force his lawyer to divulge the details.)
Because of all the "murkiness" in jurisprudence, I argue that Anas' methods are justified.
Now, whether the chief justice will have the courage to see the process through to its finality is another matter! Perhaps, this quagmire is a divine opportunity to begin to turn around the fortunes of the nation.
Kofi Amenyo 8 years ago
Daniel,
If I understand your argument correctly, I think your are saying that if there is all this "murkiness" in jurisprudence, then Anas is justified in employing some "murky" methods to unravel wrongdoing not only withi ... read full comment
Daniel,
If I understand your argument correctly, I think your are saying that if there is all this "murkiness" in jurisprudence, then Anas is justified in employing some "murky" methods to unravel wrongdoing not only within the judiciary but in society at large.
I think we will need the moral philosophers to help us out here. And you know how controversial the area is... Where are they?
But, as I said in my response to LONTO-BOY, I believe Aremeyaw is doing the right thing not because of some tit-tat that corresponds to the murkiness in jurisprudence but because he has studied law and knows how to be on the right side of the law and he has acquired a lot of experience in what he is doing.
Now, all eyes are on the Chief Justice. She dares not fail Ghaianains!
Daniel K. Pryce, Ph.D. 8 years ago
"It is an offence to bribe a public official. When a bribe is offered to a public official who accepts it, both the giver and the taker are supposed to be guilty of an offence. If the official accepts the bribe with the inten ... read full comment
"It is an offence to bribe a public official. When a bribe is offered to a public official who accepts it, both the giver and the taker are supposed to be guilty of an offence. If the official accepts the bribe with the intention of using it as evidence of the commission of a crime, can the bribe giver turn around to report the official for getting a bribe?"
Very good point! Can the judges argue that they accepted a bribe in order to use it as evidence? Possibly! But it would depend on the time lapse. A bribe taken in 2012 would be hard to defend in the year 2015, as it should not take a judge 3 years to file a complaint! Here, once again, the very smart lawyers can find a way to get their clients acquitted!
Okay, I am leaving for church... Will rejoin the conversation after 7 hours.
GQ 8 years ago
This article is perhaps the only sensible thing on this topic.
This article is perhaps the only sensible thing on this topic.
Dr. SAS, Attorney at Law 8 years ago
Kofi,
You should have researched the law further before writing your article, since it has neither ethical or moral value.
The issue you raise is whether a citizen has the right to bait and record a criminal.
The ans ... read full comment
Kofi,
You should have researched the law further before writing your article, since it has neither ethical or moral value.
The issue you raise is whether a citizen has the right to bait and record a criminal.
The answer is "Yes".
As a matter of public policy, a criminal has no protection to privacy.
Also, those who bait a criminal in order to catch him are, to a very great extent, protected under the law.
There are those who are resorting to the criminal defense of entrapment to defend the judges. But common law entrapment means that the individual defendant is being prosecuted for a criminal offense and he is defending himself by saying that he had zero predisposition to commit the crime in the first place; that his prosecutor did not merely offer him the opportunity to do what he regularly does, but rather induced the person in some legal sense to commit the crime. In this context, inducement presumes some persuasion or even coercion, if not utter blackmail. To commonplace criminals, the defense of entrapment does not exist. And even for those genuinely entrapped, the defense itself rarely succeeds because of the complexity of its core elements. The existence of the slightest predisposition to commit the crime is fatal to the defense of entrapment.
For example, are we here dealing with innocent people who are unwary, or patent criminals who are unwary? Methinks it is the former and not the latter. Beggar the question in this instance where we see rogue judges actually negotiating bribes and discussing how to let off dangerous criminals. These facts, coupled with the audio and video evidence cobbled together by Anas Aremeyaw Anas, are per se sufficient to build a case of a pattern of criminal behavior to which those judges are both susceptible and familiar. Thus were they to face criminal charges at some future time, these judges cannot defend themselves by invoking entrapment. If the police see a prostitute walking in the street and mount a stint operation in which they feign interest in her services and later arrest her, the prostitute cannot mount a defense of entrapment. She has been doing the crime all the time.
Worthy of particular notice is the fact that entrapment is a defense in criminal law, and not a cause of action under any other law. Therefore one cannot infer that even if he was entrapped, then his entrapper has committed any crime. The extent of the defense, even if it succeeds, is to disallow the particular piece of evidence obtained through it in the prosecutorial proceedings. This is to clear the air about those making the risible outcry that Anas committed a crime and should be arrested and tried for entrapment.
Also risible are those asking for the adducement of further evidence before the judges should be indicted. I don’t see what other evidence these citizens are looking for. There is an expression in law known as “Res ipsa loquitur” which simply means the thing speaks for itself. We have audio and video recordings and transcripts of judges discussing, negotiating and transacting in payola both in their offices and also in public places. The only correct defense any of these captured individuals can raise is mistaken identity. Because once their faces and voices are seen and heard and certified in connection with the illegal transactions, they are all toast under the law. Their actions speak for themselves, and they must be prosecuted under the full rigid rigor of the law.
Also ridiculous is the idea put out by others that their privacy was invaded, and that Anas did not have their permission to video-tape the transaction or take their pictures or publicize their crime. I think these are trying to take refuge in the privacy laws called public disclosure of private facts; or illegal appropriation of one’s image for one’s benefit; or even shedding false light on a person’s image; or unreasonably intruding upon a person’s seclusion or solitude. But unless a person is totally ignorant of the law, he or she cannot raise these issues as defenses, since they are all civil claims and not defenses in criminal cases. These are all public officials involved in petty criminalities for which any good citizen has the right and responsibility to record them or even cause their arrest. Moreover, no criminal can seek cover under the aegis of the privacy laws, otherwise the murderer who kills in the secrecy of his house gets to invoke the laws of privacy to cover his actions even if somebody records the person performing the act. Finally, those privacy laws constitute a plaintiff’s cause of action in civil suit, and have nothing to do with defenses against any criminal conduct.
In tandem with all the above, Ghana has a compelling reason to fight corruption, and the nation has the sovereign right to determine and approve its own methods. The actions of the judges strike at the core of the national survival, and if we balance the benefits of Anas' work against your abstract theory of equity, we will all know how the scales should tilt.
Kofi Ata, Cambridge, UK 8 years ago
I have not read from you for some time and had expected you to post some legal analysis on this matter. I guess you have been very busy. Nice to read your comment. Regards.
I have not read from you for some time and had expected you to post some legal analysis on this matter. I guess you have been very busy. Nice to read your comment. Regards.
Kofi Amenyo 8 years ago
Thanks a lot for your expert view, Dr SAS, and for touching on all aspects of the issue. It is one thing arguing sentimentally in favour of Anas’ methods and quite another, meticulously laying out the legal grounds on which ... read full comment
Thanks a lot for your expert view, Dr SAS, and for touching on all aspects of the issue. It is one thing arguing sentimentally in favour of Anas’ methods and quite another, meticulously laying out the legal grounds on which the argument rests. I hope we have all become the wiser by your input. Ghanaians do not want these judges left off the hook. They have solid reasons to hope they will not be. Lady Justice's scales tilt very heavily in favour of Anas, and, by extension, the society that he is so courageously fighting for.
No, I have nothing to come up with against any of your points. I think they are clear enough. It’s great Anas has been called to the bar and he will know these things, too.
HABIB 8 years ago
pls lets watch all those directly or tacitly supporting these nation wrecker judges cos they themselves are engaged in similar criminal activities.
pls lets watch all those directly or tacitly supporting these nation wrecker judges cos they themselves are engaged in similar criminal activities.
As Africans, our political system, we may call it democracy or whatever, our judicial system etc. must not be an exact duplication of what is found in other foreign nations. Any system we might like to use to govern our nati ...
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Both Kweku Baako and Anas should be arrested for question,i rest my case
Brother Kofi Amenyo, there is no problem talking about or interrogating Anas methods but then that will just be academic, or taking a walk in our minds. The loud cry coming from the people is we don't want some comfortable le ...
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You're right, OYOKOBA. Using methods that are unconventional to expose criminal activity and obtain evidence is necessary and justified.
Lets not beat around the bush and call a spade a spade , since the so called fake revolution of JJ we now have his legacy of the islamization of the country , tribal politics camouflaged by so called fake socialism , corrupti ...
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This is what democracy will land us.we try to know that even better than those who cursed us to practise it.How would we ve found that the 3rd arm of govt. is corrupt had it not been anas.Atleast he has started it nd what are ...
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Wow, OYOKOBA, I think you talked for a lot of Ghanaians and also expressed the anger they feel and the reasons why they feel that anger. Actually, I don't think there is a single Ghanaian who approves of the misdeeds of the j ...
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Wofa Amenyo, desperate times call for desperate action and in that sense, the end ultimately justifies the means. Some western civilizations suspend their Constitution to deal with inherent threats that seek to destroy their ...
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He that pays the Piper calls the tune! As long as we the citizens remain the paymasters of these corrupt judges, we can choose any method to nab them.
I am a journalist and the method employed by Anas is what pertains in the profession. If you are going to catch a thief, you bait him; if you are going to hunt for bush meat, you set a trap.
Why are you talking about meth ...
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some high offices have ways of covering up their mess to avoid detection, so it is only such crude methods of investigation that can reveal them. The police, BNI and all those who style themselves as investigation elites who ...
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Fo Kofi
Wò nu?l??l? la dze ?unye ?ut?. Ehe susu ge?ee ?e go.
I have been thinking seriously about this issue. Sincerely I have spent over 145minutes on phone to Ghana since this issue.
Is it about a WRONG being unco ...
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Yes, there are so many areas that Aremeyaws are needed to put the fear of the Lord into the workers. But, unfortunately, there is only one Aremeyaw. And that's not enough at all. Just shows that we need far more than investig ...
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Look, journalists are investigators and most employ these methods of enticement.
There are countless ways the FBI employs this method to delve into criminal behavior of certain individuals online and ofline that often lea ...
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Efo Amenyo, with all intent and purposes, I believe Anas' expose and the investigative work methods are in the public interest. And it can be argued that even if Anas deliberately baited those judges, Anas did not set out to ...
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Lonto-Boy, I think I agree with you. For one thing, Anas has qualified as a lawyer and I am sure he knows how to stay on the right side of the law. Other senior lawyers can help him too.
The thing is that some people are ...
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Efo Amenyo, it's good we examine the legal and ethical issues of the practices and techniques of Anas' investigative work to ensure the balance between the public interest and the right to privacy/human rights of individuals/ ...
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Kofi Amenyo, there is absolutely nothing wrong with the methods used by Anas to expose the corrupt and bribe taking judges (legally or morally). As others have pointed out in their comments, there is nothing like breach of pr ...
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Thanks for your comments. You have made it clear that there is nothing legally wrong with Anas' methods and you have said why. Indeed, you covered some of this ground in your own piece about the defense the indicted justices ...
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Kofi Amenyo, I loved you describing the public interest test as "the jewel in the crown".
Regarding the immunity granted to Anas, in my view, Anas does not need immunity from the state. This is simply because from the fac ...
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Yes the end justifies the means. Do you expects someone who have genuinely bribe a judge to twist a case in his favor to come and tell u he has bribe a judge? Or the judge who has taken a bribe to come out and confess that y ...
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"The party that wins a case in court is the party that has made the better legal argument. That is why known criminals can walk free if they are able to pay the best legal minds to defend them. It is this very principle that ...
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Daniel,
If I understand your argument correctly, I think your are saying that if there is all this "murkiness" in jurisprudence, then Anas is justified in employing some "murky" methods to unravel wrongdoing not only withi ...
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"It is an offence to bribe a public official. When a bribe is offered to a public official who accepts it, both the giver and the taker are supposed to be guilty of an offence. If the official accepts the bribe with the inten ...
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This article is perhaps the only sensible thing on this topic.
Kofi,
You should have researched the law further before writing your article, since it has neither ethical or moral value.
The issue you raise is whether a citizen has the right to bait and record a criminal.
The ans ...
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I have not read from you for some time and had expected you to post some legal analysis on this matter. I guess you have been very busy. Nice to read your comment. Regards.
Thanks a lot for your expert view, Dr SAS, and for touching on all aspects of the issue. It is one thing arguing sentimentally in favour of Anas’ methods and quite another, meticulously laying out the legal grounds on which ...
read full comment
pls lets watch all those directly or tacitly supporting these nation wrecker judges cos they themselves are engaged in similar criminal activities.