Private legal practitioner Kofi Bekai has stated that a mobile money (MoMo) agent who allegedly shot and killed a suspected armed robber was acting in defence of his property, a right that is firmly guaranteed by law.
His comments follow a police statement revealing that preliminary investigations indicate the victim was attacked by two armed men on a motorbike while driving home from work.
He was carrying a bag containing GH¢140,000. The suspects allegedly fired at the victim’s vehicle, damaging the right rear tyre and the front windscreen, before making away with the cash.
According to the police, further investigations established that after snatching the bag, the suspects attempted to flee on their motorbike.
However, the complainant fired back at them, killing one of the suspects at the scene, while the second suspect managed to escape.
Mr Bekai stated that this is a clear case of an individual defending property that had been violently snatched from him by armed criminals. He was responding to questions regarding whether the MoMo agent had committed an offence by shooting the suspect.
Speaking on Frontline on Rainbow Radio 87.5FM, the lawyer emphasised that every individual possesses the inherent right to protect their property, whether it is a house, money, or any other possession.
He noted that while the police are mandated to protect life and property, individuals also retain the right to safeguard what is theirs.
“The man was robbed of his property and he had every right to protect that property,” Mr Bekai said. “The only thing we have to know is whether the gun was licensed and whether he did what n̈n̈ was supposed to do. As to whether his life was under threat does not come in.”
He added that if the armed men had succeeded in escaping with the money, the MoMo agent would have suffered severe financial hardship. Therefore, if he managed to recover his property, he was entirely entitled to protect it by whatever means necessary.
He acknowledged, however, that when the matter goes before a court, it will be evaluated on a case-by-case basis.
While noting that the court will ultimately decide on the matter, Mr Bekai maintained that, based on current facts, he could see no wrong committed by the agent in defending his livelihood.
When asked if the shooting constituted an excessive use of force, and whether the vendor should have shot the suspect in the leg instead, the legal practitioner argued that a civilian vendor is not a trained marksman expected to aim precisely at a leg or a hand.
“Whatever place he fired, it is unfortunate that the suspected armed robber died, but the vendor was only protecting his property. The suspected armed robber robbed him and was fleeing, and the vendor had the opportunity to fight back.”
He stressed that while the court will examine the scenario to determine if the response was legally justified, the agent acted under the legal principle of property protection.
“If you attempt to rob me and I get the upper hand to defend myself, I will do so, damning any consequences. You could have killed me, and so when you get the opportunity, you defend yourself.”
When his attention was drawn to an announcement by Muntaka Mohammed-Mubarak regarding the revocation and re-registration of gun licences, Mr Bekai countered that firearm licences cannot simply be revoked by word of mouth but will need parliamentary intervention.
By: Rainbowradioonline.com/Ghana