![\"\"](\"http:\/\/www.ghanamma.com\/wp-content\/uploads\/2022\/09\/1663242347_620_effah-darteh-696x459.jpg\" "\\"effah-darteh\\"\/")
Let me begin this article by sounding a note of caution or call it a disclaimer. <\/p>\n
In law, there is an offence known as SUB JUDICE which simply means discussing an ongoing case in public with the view to influencing the mind of the jury or the Court.<\/p>\n
I innocently and fully absolve all media houses who will publish this article from blame. <\/p>\n
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I will try as a lawyer to stay clear from commentary on what is going on in the courtroom, but if anybody should think there is a cause for SUBJUDICE I alone am responsible.<\/p>\n
The dream of every Court going lawyer is to get that one magic case that will propel the lawyer into stardom I will not say that I am already a star in the Ghanaian Courtroom.<\/p>\n
Right from the Ghana Law School and beyond by experience, all these years I NEVER go to Court unless I have been fully paid by a client or where as a matter of\u00a0Christian\u00a0policy I decide to do the case pro bono.<\/p>\n
I come from a very humble background so my sympathies are always with the deprived.<\/p>\n
The case of the Republic v\u00a0Aisha\u00a0Huang and 3 others travelled a very long distance before Justice\u00a0Biaden\u2019s Court. <\/p>\n
All through 2018, we went to Court, and I had the opportunity to cross-examine all the witnesses. They were on bail, and two of the accused persons jumped bail, and the Court became apprehensive. \u00a0 \u00a0<\/p>\n
The prosecution closed its case and it was time for us to open our\u00a0defence\u00a0on 18th\u00a0December 2018. We went to Court, innocently to open\u00a0our\u00a0defence\u00a0only to be told that the Attorney General then Gloria\u00a0Akuffo\u00a0had entered a NOLLE PROSEQUI (Don\u2019t prosecute)<\/p>\n
His Lordship\u00a0Mr\u00a0Justice\u00a0Ekow\u00a0Biaden\u00a0the presiding justice had no option but to strike out the case and discharge the accused.<\/p>\n
In fact, I was confused. So far, apart from a few points here and there, Justice\u00a0Biaden\u00a0had been very FAIR in the trial, and it appeared that all things going the same way, my client was going to be\u00a0Acquitted\u00a0and Discharged. Why\u00a0nolle\u00a0prosequi?<\/p>\n
The\u00a0Akans\u00a0say that\u00a0Otumfuo\u00a0removes\u00a0his ring over the shoulders. Government can do anything. Very well. Let us go, Aisha\u2019s case is over. No\u00a0no, protests the Immigration officers around \u2013 Counsel, we want to take your client for some documentation and later you have her.<\/p>\n
Very well<\/p>\n
The next thing I heard was that AISHA HUANG has been flown out of Ghana back home to China.\u00a0How? What happened? She called me on phone from China saying they just put her in a plane and flew her out of Ghana.<\/p>\n
As a lawyer I know that the political authority\u00a0had all the power to throw out any foreigner out of the land, but, I wondered: Aisha Huang? What is so special about this\u00a0diminutive Chinese\u00a0woman to cause such political interest?<\/p>\n
In fact, upon\u00a0sober reflection, the conclusion I came to was that Aisha\u2019s case was so bad that the Court MIGHT be compelled to ACQUIT her and if that happens it will be a big blow to Government, so why not truncate the trial altogether? Send her out of Ghana.<\/p>\n
So she was sent out, 2018, 2019, 2020\u00a0\u2013\u00a0covid\u00a019 \u2013 2021, 2022\u00a0\u2013 suddenly\u00a0I saw in a newspaper publication here in Ghana\u00a0that Aisha\u00a0has been remanded in Court \u2013 oh, when did she come back? Why did she not contact me?<\/p>\n
Very well- but not very well, because I kept on hearing messages from BNI staff that there is a suspect in their cells who wanted to see\u00a0me\u00a0\u2013 and I won\u2019t go unless I am paid!!!!!<\/p>\n
Finally, I was compelled by my conscience to send my son, Lawyer Divine, who went, spent THREE HOURS without seeing her and came back. <\/p>\n
The pressure mounted I sent female lawyer, FAFA, who, after two hours, met AISHA, and then one thing led to another and now I and the lawyers in this firm, NKRABEAH & ASSOCIATES together with other law firms are jointly representing AISHA HUANG.<\/p>\n
I am walking on a very tightrope against SUBJUDICE so I will NOT say anything whatsoever about the core matter in the Courtroom on the many applications I have made for bail and been refused, whether my Lord\u2019s basis for denying bail is proper or improper and so on .. LET THE LAW WORK, ON\u2026\u2026\u2026..<\/p>\n
But let me use these pages to address the uninformed about the NUANCES of the law, generally.<\/p>\n
All over the world, not only in Ghana, the basic presumption of the law is that a person is presumed INNOCENT until proven guilty and so pronounced by a Court of Competent Jurisdiction.<\/p>\n
Most, unfortunately, human life, from generation to generation works almost by \u201cword of mouth\u201d and negative tongues with dirty agenda soil human reputation, almost with no redress.<\/p>\n
When I was in Legon, I was JCR President of the famous Commonwealth Hall. The next JCR Government that succeeded me AUDITED my accounts and published, a report that my Government was thus far the CLEANEST in Commonwealth Hall records.<\/p>\n
But yet when I contested Legon SRC elections I lost because one commonwealth hall student confessed openly that he used white chalk to write on walls in some halls that I was corrupt as JCR president.<\/p>\n
Even though subsequently he died I still find it very hard to forgive him \u2013\u00a0reader, for no reason, every bitterness, sheer\u00a0hatred,\u00a0people soil other people\u2019s names with raw\u00a0inventious, calumny and terrible lies,\u00a0and\u00a0if you don\u2019t get a day in Court if you don\u2019t get a lawyer to defend you if you don\u2019t get a judge who will be IMPARTIAL and FAIR they will be pushing you slowly to a shallow\u00a0grave.<\/p>\n
Reader, it is terrible.<\/p>\n
Aisha Huang was arrested in late August 2022 and slapped with two Counts of selling minerals without\u00a0license. <\/p>\n
On 2nd\u00a0September the Prosecutor said \u201cInvestigations are continuing\u201d On 14th\u00a0September they said again\u201d \u201cInvestigations are continuing\u201d and yet again on 27th\u00a0September they said \u201cInvestigations are continuing\u201d<\/p>\n
When I pleaded with the Court and pleaded with the Judge to transfer her to prison custody, BNI woke up from their slumber and set up an 11 \u2013 man panel and reader, 11-man panel, to interview this girl for THREE days, hunting for excuses\u00a0to nail her.<\/p>\n
For sheer hatred, people soil other people\u2019s names with raw inventions, calumny and terrible lies.<\/p>\n
What\u00a0amuses me\u00a0beyond\u00a0tolerance levels are comments\u00a0by those educated in our society who ought to know better, making all manner of accusations against me, for the crime of being lawyer for AISHA HUANG.<\/p>\n
The other day the noisy Captain Smart was literally calling me a fool for\u00a0daring\u00a0to defend AISHA but when he went foul of the law he sought refuge in lawyers coming to his\u00a0defence.<\/p>\n
Let me make the records straight \u2013 when I was Deputy Minister of State from May 2001 to May 2006 I NEVER STEPPED IN THE COURTROOM. <\/p>\n
Right now I am a private legal practitioner, subject to the Ghana Bar Association, licensed to\u00a0practice, my number is e\/GAR \/02094\/22.<\/p>\n
The other day at\u00a0Nkawkaw\u00a0High Court I was humbled to my knees when after openly stating that I was 37 years at the Bar, the next lawyer opposing me quietly told the Court. \u201cI am 53 years at the Bar!!!\u201d<\/p>\n
If it were to have been Achimota School I would have been described as a \u201cNINO BOY \u2026.\u201d<\/p>\n
Reader, let us pray for AISHA HUANG. Let all of us do our work, sincerely and humbly, and let the TRUTH come out. LET JUSTICE PREVAIL.<\/p>\n
Is this our land not of FREEDOM AND JUSTICE??\u00a0<\/p>\n
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