A private legal practitioner has acknowledged that Yaw Asante Agyekum, the mechanic who was convicted alongside notorious armed robber Ataa Ayi, could pursue legal action for unlawful prosecution and seek compensation for his wrongful conviction.
Mr Kofi Bekai stated that the law allows for him to go back to court and seek damages to compensate for the wasted years and any other benefits that this unfortunate incident has brought.
The Court of Appeal set aside the conviction of Yaw Asante Agyekum, who was wrongly convicted alongside Ataa Ayi, a notorious armed robber, in 2002.
In a judgement on June 5, 2025, a three-member panel at the Court of Appeal, which had Justice Janapare A. Bartels-Kodwo as its president, held that Agyekum, who was convicted 23 years ago, could not be linked to the robberies committed by Ataa Ayi.
It was also the court’s opinion that the prosecution failed to provide sufficient evidence to warrant conviction and sentence.
The court, therefore, acquitted and discharged Agyekum after eight years of legal battle through his counsel, George Bernard Shaw, to secure his freedom.
Commenting on this, Mr Bekai explained that Article 14(7) of the Ghanaian Constitution talks about compensation for individuals wrongly convicted or punished.
The article, he noted, provides that the Supreme Court, upon application by or on behalf of such a person, can award adequate compensation, charged to the Consolidated Fund, for any suffering or loss resulting from the unlawful punishment.
Speaking in an interview on Nyankonton Mu Nsem on Rainbow Radio, he said when you read Article 14(7), it provides that the Supreme Court, upon application by or on behalf of such a person, can award adequate compensation, charged to the Consolidated Fund, for any suffering or loss resulting from the unlawful punishment. If you were acquitted and discharged by the High Court or Court of Appeal, you would have to apply to the Supreme Court and seek compensation for the unlawful punishment.
In the case of the mechanic, he would have to submit his application before the apex court and show that the unlawful incarceration had caused him damages and deprived him of his liberties. The court will evaluate the issues and then will award a compensation that is due for all the losses he had suffered in the past 23 years. So he can apply at the Supreme Court and seek compensation for the irreparable harm he suffered,” he added.
By: Rainbowradioonline.com/Ghana
