Godfred Yeboah Dame, Attorney-General and Minister of Justice, speaking to some journalists after the judgment. Picture: Elvis Nii NoI Dowuona

Coup plot: 6 To die - 3 Acquitted

Emmanuel Ebo Hawkson & Justice Agbenorsi Jan - 24 - 2024 , 01:57

Six persons, including three soldiers, have been sentenced to death by hanging for high treason, by the Accra High Court for plotting to overthrow the government in 2019.

Donya Kafui, aka Ezor (a blacksmith), and Bright Alan Debrah Ofosu, a fleet manager, were found guilty of conspiracy to commit high treason and high treason, while Johannes Zikpi, a civilian employee of the Ghana Armed Forces, was found guilty of conspiracy to commit high treason.

The three soldiers — Warrant Officer II Esther Saan Dekuwine, Lance Corporal Ali Solomon and Corporal Sylvester Akanpewon-- were found guilty of conspiracy to commit high treason.

In a unanimous decision, Wednesday, the three-member panel of the High Court held that the six convicts conspired to destabilise the country and take over the government, while two of them- Kafui and Debrah-Ofosu- took actual steps to operationalise the plot by manufacturing weapons and improvised explosives devices (IEDs).

The court was presided over by Justice Afia Serwah Asare-Botwe, with Justices Hafisata Amaleboba and Stephen Oppong – all Justices of the Court of Appeal sitting as additional High Court judges.

Not guilty

However, two senior security officers and another soldier accused of being part of the plot were acquitted and discharged by the three-member panel of the High Court.

Colonel Samuel Kodzo Gameli, and Assistant Commissioner of Police (ACP) Dr Benjamin Agordzo, were found not guilty of abetment to high treason, while Corporal Seidu Abubakar was also found not guilty of conspiracy to commit high treason and high treason.

It was the considered view of the court that the prosecution failed to establish that the three security officers played, aided or played any role in the conspiracy and actual plot to overthrow the government.

Meanwhile, the man accused of being the mastermind of the plot, Dr Frederick Mac-Palm, passed on in March 2023.

His trial records were subsequently expunged.

Death sentence

Reading the sentence, Justice Asare-Botwe ordered the convicts to be hanged in a prison designated for the carrying out of the death sentence.

“The sentence of the court is that you be taken from hence to a prison designated by the Republic and that you be hanged by the neck until you are dead and that your body be afterwards buried at such a place as the President may order.

“May God have mercy on your soul,” the court ordered.

Court’s decision

Discussing the law on high treason, the court held that it did not even matter if the methods used by the convicts could not have actually led to a coup, and that they would be guilty so far as an attempt had been put in motion.

“Any attempt to suspend the constitution will amount to High Treason,” the court held.

On why Kafui was convicted, the court held that video and audio evidence showed that he manufactured weapons and IEDs for the group and confessed that the said weapons were for the furtherance of a coup.

According to the court, while it chose not to decide solely on the confession statement, other evidence on record proved the guilt of Kafui.

It said although Kafui had testified that the IEDs were not lethal and were meant for a funeral, he could not provide any evidence of the said funeral, while other evidence on record showed that the IEDs were lethal, with Dr Mac-Palm referring to them as bombs.

(A2 (Donya Kafui) is found guilty of conspiracy to commit high treason and treason,” the court held.

With regard to Debrah Ofosu, the court held that the evidence on record showed that he was the liaison between Dr Mac-Palm and the other convicts who plotted to overthrow the government.

It said it was Debrah Ofosu who checked on the progress of the manufacture of the weapons and the IEDs, and organised most of the meetings where the discussions of the coup plot were discussed.

According to the court, the evidence by Debrah Ofosu that TAG engaged the soldiers for the security of their charity activities was an afterthought not supported by the evidence on record.

“Why was there the need to recruit soldiers for security of a charity organisation, why was there the need for bombs and road blocks,” the court queried.

On Zikpi, the court held that although the evidence against him was a confession statement, he did not deny the content of that confession statement.

In view of that, the court held that the evidence on record showed that he agreed to help Dr Mac-Palm procure communication-jamming equipment, which he knew would be used in furtherance of the coup plot.

Soldiers

Giving reasons why Warrant Officer II Dekuwine was found guilty, the court held that the evidence on record, including video and audio, showed that she was instrumental in the recruitment of other soldiers for the coup plot.

According to the court, in one of the meetings captured on video, she spoke about how the group should eliminate President Nana Addo Dankwa Akufo-Addo upon the successful implementation of the coup.

With regard to Lance Corporal Solomon, the court held that the evidence on record proved that he attended several meetings where the coup plot was discussed and took active part in the discussions.

Corporal Akanpewon, the court held, also took active part in the meetings and discussions on the coup plot and was captured in one of the videos asking about the GH¢50, 000 allowance that was promised to the soldiers that agreed to partake in the plot.

Acquittal

The court held that it decided to acquit Corporal Abubakar because the prosecution was unable to produce any evidence that showed that he partook in any of the meetings or discussions on the coup plot.

According to the court, theattendance sheet of one of such meetings was not enough to establish his guilt beyond reasonable doubt.

With regard to Colonel Gameli, the court held that the prosecution failed to prove its claim that the senior military officer confessed to have knowledge of the coup plot.

“No such evidence of recording of the confession was produced by the prosecution and failure to do that was fatal,” the court held.

On why ACP Agordzo was acquitted, the court held that the evidence on record proved that the senior police officer was not aware of any attempt by TAG to overthrow the government.

According to the court, the evidence showed that he donated the GH¢2,000 to TAG with the intention that it would be used for a health outreach programme and not for a coup.

Again, the court held that the evidence on record showed that although the senior police officer was on many TAG Whatsapp platforms, he was not on the one where the coup plot was discussed.

State prosecutors accused the nine, including the six convicts, of being part of TAG, which planned to embark on demonstrations against the government and “possibly take over the government”.

The prosecution said as part of the plot, Dr Mac-Palm, who is accused of being the mastermind, along with Kafui and Debrah-Ofosu, had planned to kidnap the President, the Vice-President, the Speaker of Parliament and the Chief of the Defence Staff and force the President to announce his overthrow.

Kafui, the prosecution added, was also the one tasked with manufacturing guns and IEDs for the group, while Zikpi, a communication expert, was alleged to have agreed to jam the signals of mobile networks and radio stations on the day of the intended plot.

According to the prosecution, the soldiers accused of being part of the plot held meetings with the kingpins – Dr Mac-Palm and Debrah Ofosu-- with the aim of firming up plans to participate in the coup plot.