Convener for #FixTheCountry Movement Oliver Barker-Vormawor said he is prepared and ready to face the state in a treason felony case.
His concern was whether the state would hold its end of the bargain and begin with processes necessary for the commencement of the trial.
The youth activist, who has been in police custody since 11 February, said this on Monday, 14 March 2022, during his bail application hearing at the Tema High Court.
He was responding to concerns from the judge about his health status since earlier reports suggested that he was unwell and had been taken to the Police Hospital.
“I am in good health. I am prepared to stand trial. I do hope they take me to trial,” he said.
The accused posted on his social media platform that he would stage a coup himself, should the government pass the controversial electronic levy.
Moving his bail application, counsel for the accused, Akoto Ampaw, noted that though the alleged coup comment posted on social media could be deemed “reckless and condemnable,” the criterion for such a charge has not been met by the prosecution.
Mr Akoto-Ampaw said the ingredients of Mens Rea and Actus Reus had not been met to show that the applicant was prepared to carry out his comments which were conditional in nature.
Most crimes consist of two broad elements in criminal law: mens rea and actus reus.
Mens Rea means to have “a guilty mind.” The rationale behind the rule is that it is wrong for society to punish those who innocently cause harm.
Actus Reus literally means “guilty act” and generally refers to an overt act in furtherance of a crime. Requiring an overt act as part of a crime means that society has chosen to punish only bad deeds, not bad thoughts.
To constitute criminal behaviour, both must occur simultaneously.
Mr Akoto-Ampaw further insisted that the prosecution was jumping the gun and what the police could have done was to monitor him closely to see if he had the capacity to stage a coup.
Senior State Attorney Hilda Craig disagreed.
She insisted that the post showed a statement of intent, which he followed through by coming to Ghana.
Another issue that was raised in the Attorney General’s affidavit in opposition to the bail application was the accused not having a fixed place of abode.
Mr Akoto-Ampaw said the statement was untrue since the accused had led them to three different locations, where further investigations had been conducted.
But the Senior State Attorney insisted that the accused has no place of abode.
According to her, the youth activist is a lodger who lives with his friends when he is in the country and, therefore, cannot be trusted to come to court if granted bail.
Mr Barker-Vormawor’s lawyer maintained that his client is not a flight risk as alleged by the prosecution since his passport is with the prosecution.
Commenting on that, the Senior State Attorney argued that there had been instances where many people have used unapproved routes to travel outside the country and hence the accused was still a flight risk.
The judge, Daniel Mensah, adjourned the case to 16 March for a ruling.
Background
The accused was arrested on 11 February by the Tema Regional Police Command following a post he allegedly made on social media to the effect that he would stage a coup himself if Parliament passed the controversial Electronic Levy (E-Levy) Bill.
“The post contained a clear statement of intent with a possible will to execute a coup in his declaration of intent to subvert the constitution of the Republic of Ghana,” the police statement dated 12 February 2022, signed by the Director-General of Public Affairs, DCOP Kwesi Ofori said.
After his post, a section of Ghanaians who found his comments distasteful poured out on social media to call the Ghana Police Service to arrest him.
He was arraigned on Monday, 14 February 2022, and has been on remand since his first Ashaiman District court appearance.
Mr Barker-Vormawor has been charged with a treason felony, but he pleaded not guilty.