The Trial of Professor Agyewodin

Acherensuahene acquitted and discharged

Agyewodin opens defence

Prosecution denies giving a statement in Agyewodin's trial

Omanhene of Acherensua rearrested

Acherensua Omanhene committed to High Court

Tribunal discharges Acherensua Omanhene on murder charge

Nana Nyarko re-elected as President

Three file writs against Acherensua Omanhene

Omanhene refused bail on murder charge

Chief remanded in custody

Acherensua Omanhene in custody over killing a man

 

 

Acherensuahene acquitted and discharged

 

Sunyani (Brong Aafo) 13 May 2002 - Professor Agyewodin Adu-Gyamfi Ampem II, Omanhene of Acherensua in Brong Ahafo Region was on Monday acquitted and discharged by the Sunyani High Court Two presided by Mr Justice Paul Baffoe-Bonnie. The Omanhene has been standing trial since 18 April 2001 for allegedly killing one Nii Attuquaye Quansah of Acherensua through a gunshot on 17 April 2001.

 

Quansah was among a group of youth of Acherensua, who allegedly attacked the Omanhene at his residence on the day of the incident. A seven-member jury of the court took almost one-and-a-half hours from 11am to 12:30pm to deliberate to return with a unanimous verdict of not guilty.

 

When Mr Justice Baffoe-Bonnie asked the jury for its verdict, the foreman stood up and announced: "Nana is not guilty of the first charge of murder." Justice Baffoe Bonnie, therefore, pronounced his ruling: "Nana, having been found not guilty, you are hereby acquitted and discharged."

 

Immediately after the ruling, sympathisers and relatives of the Omanhene, who formed the majority of the people in the courtroom, applauded the decision and some of them surged forward towards the dock to shake hands with him. When Agyewodin Ampem left the dock, the three-man defence team led by Mr Otu Essel Kwadwo Fordjour, a Sunyani-based lawyer, asked him to relax in a sofa in the courtroom.

 

The Omanhene, who was surrounded by some members of the Brong Ahafo Regional House of Chiefs, who thronged the court to express their sympathy and support for him, shed tears of joy. The Chiefs included Nana Kwadwo Nyarko III, Pranghene and Nana Kwame Korang V, Awua-Domasehene, President and Vice-President of the House, respectively.

 

A number of Policemen were deployed at the precincts of the court to avert any possible clash between the two factions in the case. In directing the jury before their deliberations on the verdict, the court reminded them that the case was not a political trial but a criminal trial. The Judge therefore stressed the need for them not to be influenced by either media publications or outside comments and pronouncement about the case.

 

He told the Jury: You are judges of facts, so, you must base your verdict on your own conscience alone with arguments of prosecution and evidence of prosecution witnesses, as well as that of the defence and the defence witnesses in mind.

 

"You should use your conscience depending on the facts of the case but not on your personal considerations and political inclinations," he stressed, adding, "the case is a man who is alleged to have killed somebody". In summing up, Justice Baffoe-Bonnie reminded the jury that the accused had been charged with murder, contrary to section 46 of the 1960 Criminal Code, Act 29.

GRi../

 

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Agyewodin opens defence

 

Sunyani (Brong Ahafo) 29 April 2002 - Professor Agyewodin Adu-Gyamfi Ampem II, Omanhene of Acherensua on Monday denied killing one Nii Atoquaye Quansah by a gunshot in Acherensua. The Omanhene was opening his defence in his trial of intentionally killing the deceased who was among a group of youth that allegedly attacked him at his residence on 17 April last year.

 

Led in evidence by the leader of the defence team, Mr K. F. Otu-Essel, a Sunyani-based Lawyer, Agyewodin Ampem told the Sunyani High Court Two, presided over by Mr Justice Paul Baffoe-Bonnie that he had no intention of killing the deceased or anybody else.

 

"I did not intentionally aim at shooting to kill anybody. I only fired to enable me to flee for my life because if I had intended to kill I would have killed more than one person," he said. Agyewodin Ampem narrated events, circumstances and death threats on his life by his opponents since November 2000 to the day of the shooting incident.

 

He said on that day, he sent Nana Yaw Bonsu, Benkumhene of Acherensua with an SOS message to the Regional Crime Officer, Police Superintendent Amadu Salifu in Sunyani, for the assistance and intervention of the Police in view of the volatile, tense and dangerous situation in Acherensua.

 

The Omanhene said following an earlier complaint about the insults and threats on his life, the Brong Ahafo Regional Minister, Mr Ernest Akubuor Debrah instructed Superintendent Salifu to visit Acherensua on 17 April last year, to advise the youth.

 

He said, notwithstanding, the precarious situation, he did not leave Acherensua for Kumasi that day, as he had an appointment with the Regional Minister as well as one Mr Amoako Mensah, a tutor at Acherensua Secondary School and also an elder of the local Methodist Church.

 

He said those appointments were about how to find an amicable solution to the problem or feud existing between him and one Kwasi Sarpong, ex-Benkumhene of the town. He told the court that he had been the Omanhene of Acherensua for the past 32 years and that for 25 years Sarpong, who was destooled for gross misconduct, had been worrying him with threats of attack, destoolment and death.

 

The Omanhene added that he stayed in Acherensua on the day of the shooting incident because he was expecting a prompt response from the Regional Crime Officer. In a sober and reflective mood, he said the youth had removed a culvert on which he drove to his house and coupled with the fact that they (youth) had passed by his house singing and beating gong-gong, "I was afraid to leave the house through a bush path for fear of my life."

 

Agyewodin Ampem said on the day of the incident at about  5pm, he was in the house with the Benkumhene, Gyaasehene Nana Agyei Sarpong and another man from the Acherensua Zongo community when a group of youth were heard singing amidst the beating of gong-gong and advancing towards his house. Besides heaping unprintable and insulting words on me, the youth also used threatening words like "today blood will flow.  You will see blood and so on."

 

Many of them carried clubs, sticks, cudgels, machetes and a gun, whilst others threw stones at my house, he said, adding, as the intensity of the songs and shouting increased, the house-help, Mariama Bukari, who was washing outside, came running into the house shouting "Nana rise up, the youth are coming to the house, I have even been hit by a stone.

 

"When I went to the front door, I saw a big group of youth rushing towards my house and I heard some of them saying, 'let us go and catch him alive and behead him just like the chief of Offuman was beheaded'".

 

Offuman is in the Techiman District of Brong Ahafo Region and in 1982 the chief, Nana Kwasi Duah was caught, beheaded and his body burnt by his opponents in his palace. "I realised that the situation was tense and needed not to be toyed with, so I returned to the room to pick a gun and to prevent them from advancing further I fired a warning shot inside the house to scare them away."

 

Agyewodin Ampem told the court that when he appeared in front of the door to verify if they had been scared away he heard a gun shot. "I did not aim at any specific person or anyone of them, rather I fired just to scare them off."

 

Agyewodin Ampem said that due to the tension and charged atmosphere, "I could not identify anyone specifically.  I never knew that somebody had been hit. "After firing the third shot, they dispersed and I managed to sneak out through the back door under the cover of darkness and the ensuing confusion," he said.

 

Agyewodin Ampem said some residents of Zongo accompanied him and kept him in somebody's room for a while. "Around 11pm I managed to arrive at Kokotriso, a village, near Acherensua, through a bush path, where I saw my wife in the company of some Policemen waiting for me," he said.

 

He added that at about 1 am the next day, "I was brought to the Police headquarters in Sunyani where I was told somebody died through a gun shot in the incident." The Omanhene said he could not tell which gun killed the deceased. "I cannot tell because I did not aim at anybody when I fired and again somebody else fired a gun shot."

 

The Omanhene said he fired three gun shots but he was distressed and confused when writing his statement to the Police, hence, he stated that he fired two. He said it was later that he remembered that he fired three times. Citing the fate of the late chiefs of Offuman in the Brong Ahafo Region and Apowa and Juma in the Western Region, who lost their lives through similar situations and circumstances, Agyewodin Ampem said, he would have been killed if he had not fired.

 

"I don't think I would have been alive by now.  They would have beheaded me just like it happened to those late chiefs." The court adjourned to Tuesday 30 April for cross-examination by the Prosecutor, Chief State Attorney Betuuriseeh Cab-Bayuo.

GRi../

 

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Prosecution denies giving a statement in Agyewodin's trial

 

Sunyani (Brong Ahafo) 10 April 2002 - Emmanuel Barnes, the fifth prosecution witness in the murder trial of Professor Agyewodin Adu-Gyamfi Ampem II, Acherensuahene, at the Sunyani High Court, denied the authorship a statement he was purported to have given to the Police.

 

He said even the signature on the statement did not belong to him. The statement was among other documents to be tendered in evidence by the Prosecutor Mr Betuuriseeh Cab-Bayuo, Chief State Attorney.

 

With the turn of events, the Prosecutor pleaded with the court for adjournment till, Thursday 11 April. The Prosecutor said since the prosecution witness was disputing certain aspects of his own statement, there was the need for him to contact the investigator to clarify the issue.

 

Professor Agyewodin Adu-Gyamfi Ampem II, a former Chairman of the Kwame Nkrumah University of Science and Technology (KNUST) Council, is charged with the murder of one Nii Atoquaye on 17 April last year, when a group of youth, including the deceased, allegedly attacked him at his palace at Acherensua.

 

Barnes, a driver's mate told the court that on the day of the incident, he and other members of the youth wing of the New Patriotic Party (NPP) attended a meeting to discuss their welfare and development projects in the town.

 

Following the meeting, he said they undertook a clean-up exercise at a public place of convenience.  On their way back, he added, the group passed by the Omanhene's palace where they saw the accused standing at the entrance of the palace and without any provocation, he (accused) fired the first gunshot in their direction.

 

He said they started running away but the accused fired a second shot, which hit Atoquaye (deceased) and he fell. Barnes said the deceased got up to also runaway but he fell down again as a third gunshot fired by the accused hit him.

 

He denied a suggestion by Mr Kwadwo Fordjour Otu-Essel, leading defence counsel, during cross-examination that the youth were singing and beating gong-gong towards the palace ostensibly to attack his client on that day. On Monday two prosecution witnesses, Kwasi Boakye and Obeng Manu Bempah had told the court that the group was beating gong and singing.   

GRi../

 

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Omanhene of Acherensua rearrested

 

Sunyani (Brong Ahafo) 12 March 2002 - Police on Monday re-arrested Professor Agyewodin Adu-Gyamfi Ampem II, Omanhene of Acherensua Traditional Area in Sunyani to stand trial for murder. A Police source told the Ghana News Agency that he was being detained in prison custody. Last week, a Sunyani High Court presided by Mr Justice Paul Baffoe-Bonnie ordered the re-arrest of the Omanhene.

 

The order followed the granting of an application filed at the court by Chief State Attorney, Mr B. Cab-Bayuo, for the withdrawal of the bail granted to the accused by the Sunyani Community Tribunal.

 

Mr Cab-Bayuo stated that by virtue of law, a person indicted for murder pending a trial should be remanded in lawful custody to facilitate the work of the investigator so as to speed up proceedings in court.

 

After arguments by both Defence Counsel and the Chief State Attorney, the court ruled that the bail granted by the Community Tribunal having been found to be not supported in law be revoked. The Judge then issued a bench warrant for the arrest of the Omanhene, who failed to appear in court.

GRi../

 

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Acherensua Omanhene committed to High Court

 

Sunyani (Brong Ahafo) 10 December 2001 - Agyewodin Adu-Gyamfi Ampem II, Omanhene of Acherensua Traditional Area in the Brong Ahafo Region was on Monday committed to stand trial at the Sunyani High Court on 14 January on a charge of murder.

 

A Sunyani Community Tribunal chaired by Mr Charles Adjei Wilson, which had been hearing provisional charges against the chief, announced the committal after it had discharged him. This followed the granting of an application of "nolle prosequi" filed by Mr Betuuriseeh Cab-Bayuo, Chief State Attorney.

 

The Omanhene allegedly fired a gun into a group of youths at Acherensua in April killing one of them, Nii Atuquaye in a dispute over his destoolment. The tribunal ruled that Nana Ampem should remain on his former bail until otherwise directed by the High Court. Earlier, Mr Cab-Bayuo told the tribunal that there was the need to commit the Omanhene to the High Court and asked the tribunal to quash his bail sentence.

 

Mr Kwadwo Fordjour Otu-Essel, Leading Defence Counsel, said the Constitution did not prohibit the granting of bail for a person charged with murder. He said the Omanhene had been reporting in court since he was granted bail and saw no reason why he should be refused a similar chance even if he had now been committed to stand trial at the high court.

GRi../

 

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Tribunal discharges Acherensua Omanhene on murder charge

 

Sunyani (Brong Ahafo) 07 December 2002 - Agyewodin Adu-Gyamfi Ampem 11, Omanhene of Acherensua in the Brong Ahafo Region, who is standing trial for murder was on Thursday discharged by a Sunyani Community Tribunal.

 

This followed the granting of an application of "nolle prosequi" filed on December 4 by Mr Betuuriseeh Cab-Bayuo, Chief State Attorney in Sunyani. There are indications that he would be re-arrested and arraigned either at the same tribunal or another court for a committal trial to begin. The Omanhene is charged with the murder of one Nii Ato Quaye, of Acherensua through a gunshot on 17 April, this year.

 

The accused was the immediate past Chairman of the Kwame Nkrumah University of Science and Technology (KNUST) Council. The tribunal, presided over by Mr Charles Adjei Wilson, adjourned the trial till 31 January, next year, following an application by Mr Kwadwo Fordjour Otu-Essel, leading counsel for the accused. Nana Adu-Gyamfi, whose excuses of ill health caused previous adjournments, was not in court.  Mr Otu-Essel pleaded with the Chief State Attorney to exercise restraint and be given up to Tuesday December 11 to produce his client.

 

Counsel produced a medical report from the KNUST Hospital, signed on 5 December that his client was indisposed. The Chief State Attorney, nevertheless, objected to Counsel's plea and the tribunal granted the application saying, "since the state has filed nolle prosequi" the accused must be discharged".

GRi../

 

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Nana Nyarko re-elected as President

 

Sunyani (Brong Ahafo) 12 October 2001 - Nana Kwadwo Nyarko III, Paramount Chief of Prang Traditional Area on Thursday, retained his position as the President of the Brong Ahafo Regional House of Chiefs.

 

He beat Nana Bosea Gyinantwi IV, Omanhene of Drobo Traditional Area, by 25 votes to 11 to serve a second and final three-year term. Three other chiefs, in addition to the two Paramount Chiefs were also elected to represent the House at the National House of Chiefs.

 

The three chiefs are Dotobibi Takyia Ameyaw, Techimanhene, Nana Kwaku Aterkyi, Kukuomhene and Nana Yaw Kagbrese, Yejihene. Nana Appiah Korang, Awuah-Odumasehene was elected unopposed as the Vice President. Officials of the Electoral Commission (EC) supervised the elections.

 

A heated debate preceded the elections when some members of the house objected to the inclusion of Agyewodin Adu-Gyamfi Ampem on the list of chiefs, who wanted to contest to represent the Brong Ahafo Region at the National House of Chiefs.

 

The Chiefs contended that since Nana Agyewodin Ampem had been charged provisionally with murder for shooting to death, a member of a group of persons, who were allegedly agitating for his overthrow, it would not be proper for him to contest. After a lengthy debate, Nana Agyewodin Ampem, former Chairman of the Kwame Nkrumah University of Science and Technology (KNUST) Council, withdrew.

GRi../

 

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Three file writs against Acherensua Omanhene

 

Sunyani (Brong Ahafo) 20 July 2001 - Three people from Acherensua in the Brong Ahafo Region have filed separate writs at the Goaso High Court against the Omanhene of Acherensua, Professor Nana Agyewodin Adu-Gyamfi Ampem for shooting at them on suspicion that they were agitating for his destoolment.

 

They are seeking special and general damages for the injuries and pain they suffered as a result of wounds caused by gunshots fired by the Omanhene. One person died during the shooting, which occurred at Acherensua last 17 April. The Omanhene is facing a charge of murder and causing harm at a Sunyani High Court in connection with the shooting. The three plaintiffs are Mr Emmanuel Barns, an apprentice driver and farmer, Mr Osei Brown, a apprentice mechanic and Mr Kwadwo Amponsah.

 

In their statements of claim filed by their counsel, Nana Obiri Boahen, the three said on the day of the incident they attended a meeting of the New Patriotic Party (NPP) at the local community centre.

 

They said the meeting discussed the rehabilitation of the public toilet and they visited the toilet to ascertain the extent of ruin. They had just returned to the centre when for unknown reasons, the Omanhene started firing at them as a result of which one person, Nii Ato Quaye was killed and they sustained injuries for which they were admitted to hospital.

 

Mr Brown, who says a bullet is still lodged in his right thigh is claiming three million cedis in special damages, Mr Barns, with three bullets in his rib, left leg and left hand, is claiming six million cedis while Mr Amponsah is claiming four million cedis.

 

The writ did not mention specific amounts for the general damages, "for the pain and trauma caused by the gunshots". Counsel for Prof. Adu-Gyamfi Ampem, Mr K. Otu-Essel has entered an appearance on his behalf.  No date has been fixed for hearing

GRi../

 

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Omanhene refused bail on murder charge

 

Sunyani (Brong Ahafo) 24 April 2001 - The Sunyani Community Tribunal on Tuesday rejected an application for bail by Professor Agyewodin Adu-Gyamfi Ampem II, Omanhene of Acherensua and Chairman of Kwame Nkrumah University of Science and Technology Council who is charged with murder.

 

The Omanhene is being tried for allegedly causing the death of one Nii Ato Quaye, 30 and injuring five others when he opened fire on a group of agitating youth at Acherensua on 17 April. The tribunal, chaired by Mr. Charles Adjei Wilson held that it does not have the jurisdiction to grant bail in the case.

 

Mr Wilson said the law made it clear that in murder cases, bail was not granted. "The incident happened not long ago.  Defence counsel cannot, therefore, complain about reasonable delay, so, the application for bail cannot be granted".

 

The Prosecutor, Police Inspector Akwasi Asafo Adjei, opposing bail, said Police investigations could be jeopardised if it was granted. Defence Counsel Mr F. K. Otu-Essel argued that his client was attacked in his house by a mob who had earlier warned him that there would be a bloodshed. Mr. Otu-Essel contended that in the circumstances his client fired a warning shot.

 

He said this did not deter the mob who rushed on the Omanhene. Counsel said taking a cue from similar incidents in other places where chiefs have been attacked and killed his client had no option but to fire to defend himself. "Though bail is not granted in murder cases, this is one of the exceptional cases where it was obvious that my client fired to defend himself from being killed by the mob", Counsel submitted.

 

He said based on his client's report to the Regional Minister about the threat on his life and the state of insecurity in the town, the mob had been advised by the Police to stop their incessant attacks on him (the Chief) but they did not budge. Mr Otu-Essel indicated his intention to pursue the application for bail at the High Court.

GRi../

 

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Chief remanded in custody

 

Sunyani (Brong Ahafo) 19 April 2001 - A Sunyani Tribunal on Thursday remanded Professor Agyewodin Adu-Gyamfi Ampem II, Omanhene of Acherensua Traditional Area, in prison custody on charges of murder and causing harm.

 

The Chief, who is also the Chairman of the Kwame Nkrumah University of Science and Technology Council, Kumasi, is alleged to have shot one person and seriously injured five others around 10pm on Tuesday. Nii Ato Quansah, 30, now deceased, and the injured, who are on admission at the Catholic Hospital at Hwidiem, were said to be among a group of people who had mobilised themselves with the intention of destooling the chief.

 

Prof. Agyewodin Ampem's statement was not taken and he would reappear on Tuesday, 24 April 2001. Chief Inspector Akwasi Asafo-Adjei did not present the facts of the case but rather asked the tribunal to remand the chief to enable the Police conclude its investigations.

 

"The prosecutor wishes to humbly appeal to the honourable tribunal to remand Prof. Agyewodin Ampem because his release could undermine investigations, which is on-going," he pleaded. Mr K. Otu-Essel, counsel for Prof. Agyewodin Ampem, however, said the continued incarceration of his client "is unjustified and, therefore, he should be granted bail since he will always be available when needed".

 

He pointed out that his client is a highly respected academician and traditional ruler, who was forced to defend himself when the group stormed his house to attack and destool him. Mr Otu-Essel said his client has the legal right to defend himself because his life was in danger as the group, which stormed his palace, was chanting war songs and calling for his blood.

 

"The fact that the Professor earlier gave warning shots shows that he did not set out to kill anybody and should, therefore, not be treated like a common criminal." Mr Otu-Essel said prior to the incident, the chief had even informed the Brong Ahafo Regional Minister about the rising tension in the town because of the group's agitation for his destoolment.

 

"It is unfair for the client to suffer further incarceration on the grounds that the Police have not completed their investigation since he is not the cause of the un-preparedness of the Prosecution," he further argued. The tribunal, chaired by Mr Charles Wilson, dismissed counsel's application for bail but asked him to re-submit it at the adjourned date for consideration. Meanwhile, the palace of Prof. Agyewodin Ampem has been vandalised, his property stolen and car set ablaze.

 

A Police source told the GNA in Sunyani that detachment of Police Had been sent to the town to avert the outbreak of fresh violence.  It said unidentified persons had even damaged parts of the palace and the presence of the Police was to forestall further destruction.

GRi../

 

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Acherensua Omanhene in custody over killing a man

 

Sunyani (Brong Ahafo) 18 April 2001- Professor Agyewodin Adu-Gyamfi Ampem 11, Omanhene of Acherensua, was on Tuesday arrested and placed in custody in Sunyani for allegedly shooting and killing one Nii Ato Quansah in a chieftaincy dispute at Acherensua.

 

Nana Adu-Gyamfi, who is also Chairman of the Kwame Nkrumah University of Science and Technology Council, injured five other persons in the incident. The body of Quansah has been deposited at Tepa Government Hospital mortuary while the injured are on admission at the Hwidiem Government Hospital.

 

They were identified as Yaw Duku, 32; Kwame Donkor, 26; Osei Bonsu, 18; Kwadwo Amponsah, 22; and Emmanuel Barnes, 29.  They are said to be responding to treatment. Assistant Commissioner of Police G.O. Asante, Deputy Regional Police Commander for Brong Ahafo, told the Ghana News Agency that for about two months now the youth of the town have been agitating for the destoolment of the chief.

 

Mr Asante said the reasons for such agitation "are just best known to them (youth)". He said at about 2000 hours on Tuesday, the Regional Police Command had information that a section of the youth had clashed with the Omanhene and his supporters, which had resulted in the shooting incident.

 

"Police investigations disclosed that it was the Chief himself, who shot to kill one and wounded the rest," the Deputy Commander said. He said the Police had not yet retrieved the gun but the place was calm as the Police continued to patrol the town. When asked if the Omanhene would be granted bail, Mr Asante said that would be determined by the court.

GRi../

 

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