An astute lawyer, Egbert Faibille, has suggested that Mr Kwabena Agyapong who has been charged with treason, will fail in his bid to secure bail.
According to the lawyer, the Ghanaian constitution stipulates that people who are charged with treason should not be granted bail. Mr Faibille quoted the following portion of the constitution:
” A court shall refuse to grant bail in a case of treason, subversion, murder, robbery, hijacking, piracy, rape, defilement or escape from lawful custody…” Section 96(7) of the Criminal and other Offences ( Procedure) Act of Ghana; Act 30.
He said with this constitutional provision, “Kennedy Agyapong has no chance of bail”.
Mr Faibille added, however, that the judge may grant Mr Agyapong bail only on the basis of the fact that he is an MP.
He said even then, the “judge mat still refuse him bail.
On the merits of the Kennedy Agyapong case, Mr Faibille said: ” I don’t think the state will win in the end.”
The lawyer made these known on his facebook wall yesterday.
Meanwhile, a legal luminary, Mr Kojo Anan Ankomah, has affirmed that the State would lose in court if it went ahead with the treason charge against Mr Agyapong.
In a post on his facebook wall, Mr Ankomah said the State should have considered charging Mr Agyapong with”disturbing publc peace” or ” provocation to riot” rather than treason.
He said there was no possible way Mr Agyapong would face the death penalty.
GhanaReporters has concluded a special report on why the NPP will not distance itself from the inciteful statements attributed to Mr Agyapong. Read the report below: