Private legal practitioner Mr. Ekuoba Gyasi has stated that New Patriotic Party’s Kwame Baffoe, commonly known as Abronye, could be charged with making commentary that has the potential to undermine public peace.
The lawyer posited that the invitation extended to the controversial politician has no grounds in law because the president, against whom he made the allegations, cannot be sued; neither can he (the president) sue others for defamation.
The lawyer was responding to the allegations levelled against President John Dramani Mahama that he was hoarding some substantial amounts of money meant to be given to persons who worked at the Jubilee House and have been relieved of their post.
Mr. Gyasi spoke with host Sir Richie on ‘As It Is in Ghana’ on Rainbow Radio 92.4FM in the United Kingdom and Rainbow Radio 87.5FM. that if the law enforcement agency wants to charge Abronye with any offence, they can do so under criminal law, specifically for making comments that endanger public peace.
He stated that the President is immune from civil and criminal suits until two years after completing his term.
“Firstly, if you allege that the President has committed wrongdoing, it is essential to note that, legally, the President enjoys immunity from lawsuits and cannot initiate litigation while in office. Consequently, numerous individuals make derogatory remarks about the President without facing repercussions, as the President is precluded from pursuing defamation claims and, conversely, cannot be sued for civil or criminal actions.
“So if there is any wrongdoing by the President, you can only sue two years after the term ends, unless you use the impeachment process if you think he has done something wrong. But as far as the court is concerned, he is immune from these criminal and civil processes. So I don’t know why they will invite him.”
“I do not know why they would invite him unless the issue is already a subject of investigation. If it is a subject of an ongoing investigation, they can invite him to assist them. It does not matter if he mentioned the president’s name; if it is a subject of investigation, they would ask him to come and help with the investigation; otherwise, the invitation has no basis in law, he stressed.
By: Rainbowradioonline.com/Ghana
