\nCase title:<\/strong> Republic vs. Mohammed
\nNature of the crime:<\/strong> Murder<\/p>\n
It was a murder case at the Human Rights Court. The trial Judge was Essel Mensah J. Tiger knew neither the accused nor his deceased victim. But we wanted to test the waters to see if it was possible to influence the case with money. Our connection man (King Gabriel) was the one who led us to see the Judge.<\/p>\n
Essel\u2019s Life-Saving Special Court<\/strong> It is the last place that anyone would link with corruption. Our investigations however, the revealed the opposite. From our interaction with the judge, it appeared that one should not dream about having one\u2019s human rights upheld by the Human Rights Court without offering a bribe, at least His Lordship Essel Mensah is the presiding judge. Simply put, human rights is for sale at a price the poor cannot pay.<\/p>\n Facts Of The Case<\/strong> The same day, around 9 pm, the deceased was driving a taxi when he was accosted by Nii Baah and his accomplices. They blocked the road and pulled him out of the taxi. They attacked him and inflicted serious cutlass injuries on him, leaving him to bleed profusely. The deceased started shouting for help and this attracted his girlfriend and another friend appeared to the scene. The two rushed him to the hospital, but he was pronounced dead on arrival. The medical report stated that he died from multiple cutlass injuries as a result of a violent attack.<\/p>\n King Gabriel Is Back! Strategic As Ever (Hidden camera footage)<\/p>\n Tiger sat through the court of Essel Mensah J and observed proceedings keenly. Like his colleagues across the country, the sternness of his tone and the strictness of his demeanor was never to be lost. He looked like one who would not countenance criminality.<\/p>\n Influencing a Judge in a murder case was a tall order, but Tiger\u2019s old connection man, King Gabriel, would prove a reliable conduit once again.<\/p>\n King Gabriel: How\u2019re you?<\/p>\n Tiger2 (Another Investigator who was at the meeting): Oh fine sir, thank you sir!<\/p>\n King Gabriel: We thank God! So how much were you able to mobilize?<\/p>\n Tiger2: Yes I told Ahmed to tell you, because I\u2019ve been busy\u2026, so I asked him to tell you that I\u2019m coming with GHc 6000.00.<\/p>\n King Gabriel: Oh! King Gabriel: No, you see what I said was, that one would not be a problem, the one who\u2019s going to do the thing, he\u2019s the one we\u2019re going to give the money to and I know your problem was that if I were to collect the money and then I tell you I\u2019m going to give it to him\u2026<\/p>\n So believe me it\u2019ll be done; your mind would be bothering but this one I\u2019m going with you, you\u2019ll be there, then I\u2019ll give it to him in front of you. You\u2019ll also see it and you know the man, so if it is him you\u2019ll know, if it is not him you\u2019ll know. So you don\u2019t have anything to fear.<\/p>\n Yes so if the thing is there you should have brought it so that when we go you\u2019ll be there; we just give it to him; you\u2019ll be there; you also see it and he knows what he\u2019s going to do; you understand what I mean?<\/p>\n Tiger2: Yeah! King Gabriel: The thing is you\u2019ll be there so you don\u2019t have a problem. I\u2019ve spoken with him right now, I\u2019ve spoken two times with him.<\/p>\n Tiger: Will he take it right now? Tiger2: Yeah, yeah! (Tiger2 calls Tiger)<\/p>\n King Gabriel: So you don\u2019t have a problem!<\/p>\n Business-like, Gabriel quickly put a call through to the judge who gave us directions to his official residence where the deal was to be concluded. It turned out to be a much swifter process than we had expected.<\/p>\n Gabriel: They\u2019re ready to go by what you are saying. They are not in a hurry at all, so I want to come with them and bring the thing to you. I wanted to know if you can tell me where we can stand and wait for you.<\/p>\n Oh I know there, Labone! Children’s home, Labone Children\u2019s Home Ehhh he wanted to give it to you in person. I also want you to explain things to them, I have already talked to them though and they\u2019ve understood but I wanted you to explain things to them as well for them to be settled.<\/p>\n They have understood, what they want is for you to be on their side; they are going to follow what you\u2019ll be doing. When A Judge Decides To Spill Beans, Prosecutors, Lawyers And Offenders In The Mix (Hidden camera footage) He was brutally frank, to say the least. He said he knew of a very difficult state prosecutor handling the case. He had discussed the case with the accused’s lawyer on several occasions and he was ready to go through the case even though it could bring him problems.<\/p>\n King Gabriel did his job as spokesperson almost perfectly. In the end, the learned judge took his money and gave a thorough account of the case, more like the delivery of a sermon on criminal law and the intricacies of that area of law.<\/p>\n Tiger: Good evening! Gabriel: Please allow me to speak on his behalf. Gabriel: These are my people just like I told you before. I have already explained the situation to them that it\u2019s not a matter of rushing; considering the nature of the law, if you don\u2019t take your time when doing things, you might end up in trouble. If only they would have the patience to wait for you to follow the case till you think the timing is right for you to grant him bail, that would be in your own pace.<\/p>\n If they wouldn\u2019t pressure you, then fine so I brought them here for you to explain things to them yourself for them to understand. It\u2019s not everyone who gets this opportunity; he has agreed to help you so you also have to get the patience to wait for him to help you, you don\u2019t force the person to do things in your interest alone.<\/p>\n Tiger: It\u2019s true! Gabriel: No, they are northerners! Gabriel: Nii Baah is a Ga, he\u2019s his paternal relative, his (Tiger) mother is from the north and his father is a Ga. Judge Essel: Abariga is my friend, we have discussed this issue several times but you see it\u2019s such an extreme case: what they\u2019re saying against him is serious.<\/p>\n It could be false but now the evidence is so much against him and murder cases\u2026, otherwise we would\u2019ve granted him bail long ago, you see it is very difficult and the state attorney is another difficult person, the girl who\u2019s with the state; very difficult person. She\u2019s a friend of Abariga; he tried convincing her but that girl would not agree.<\/p>\n Tiger: Mmm he said it! Tiger: Oh we\u2019ve understood, we\u2019ve understood, at the end of the day\u2026(Essel cuts in)<\/p>\n Judge Essel: Look, I\u2019ve been in this service since 1991. I know what happens that\u2019s why I\u2019m saying this: if you take the money, tomorrow\u2026..!<\/p>\n Tiger: We\u2019ve understood, I was even saying that at the end of the day it\u2019s the end results that matters it\u2019s not how long he would be on remand.<\/p>\n Gabriel: The end result is the most important thing. Now he\u2019s been accused with murder and with murder you can be jailed for life. But if you\u2019re lucky and at the end of the day instead of life sentence you are jailed five years, it\u2019s a huge help, you understand what I\u2019m saying. Gabriel: If you\u2019re not able to prove that he didn\u2019t commit a murder and the case still remains that he committed a murder and finally the judge says for some reason maybe I\u2019ve given you five years or something; that is a huge help he has given you, yes that is a good help he has given you so if you would understand these things then\u2026, because he was actually refusing me but I had to plead and say that no I know you, you in particular you are my friend (referring to chief Tiger)<\/p>\n Judge Essel: Abariga is my friend. Even yesterday we spoke about this, it\u2019s because I told him that I would be going on leave that he quickly rectified the hearing notice. You see, we spoke about this case yesterday, we\u2019ve been talking, me and Abariga we\u2019ve been talking. You see so\u2026, it is not as easy if it were\u2026.!<\/p>\n Tiger2: We\u2019ve understood what my brother has also said. Judge Essel: Because you see, when they come to you, they come very nice but the next time, they are causing trouble for you. Judge Essel: As for money\u2026.! Judge Essel: If we had met \u2026\u2026. and \u2026\u2026. we would have granted the man bail but Rebecca is very difficult, a very difficult lady. (Rebecca is a State Attorney at the Attorney General\u2019s Department. Her name is Rebecca Naa Korkoi Aryeetey).<\/p>\n Tiger: Mmmmm! Judge Essel: This one would give me problem. Gabriel: You understand, so don\u2019t let it bring any problem. Gabriel: Ehhh the number of period they keep him there then they would be able to cash pa! Tiger: Last time I heard that your brother has,,,,, Tiger: Hmmm! Gabriel: If he\u2019s not able to give him the bail now koraaa and he determines the matter and at the end of the day\u2026\u2026. He can even change the charge and make it manslaughter. If he makes it manslaughter, then he would be guilty but if that doesn\u2019t happen and your lawyer helps and he\u2019s able to prove that he was not even there or what has happened he doesn\u2019t have a hand in the matter, they can also leave him entirely but you have to do it in such a way that people\u2019s eyes, \u2026 you know….<\/p>\n Tiger: Hope you understand? (addressing theTiger2) Gabriel: But the most important thing is that we\u2019re assured it would not be too bad on him, nothing would be too bad on him. Looking at the situation, if it goes this way, it would benefit us in a way, if it come this way it would benefit us in a way, you understand what I\u2019m saying! Kofi Essel Mensah is one of the most respected High Court Judges in Ghana. He has sat on many national and international cases bordering on human rights in Ghana. He sat on the famous Amoabeng criminal case where his ruling was overturned by the Supreme Court. He sat on the KKD rape case. He is currently sitting on the Gregory Afoko case. It was his ruling that reinstated the sacked Pharmacy Director of Korle Bu. Essel also sat on the Akwamu Fie and Kennedy Agyapong cases as well as the Tehoda cocaine case. He sentenced two people to death by hanging in separate trials when he was a High Court Judge in Ho.<\/p>\n Recap of the Salient Points of the Conversation<\/strong> Judge Essel: \u201cAbariga is my friend. Even yesterday we spoke about this, it\u2019s because I told him that I would be going on leave that he quickly rectified the hearing notice. You see, we spoke about this case yesterday, we\u2019ve been talking, me and Abariga we\u2019ve been talking. You see so\u2026, it is not as easy if it were\u2026.!\u201d<\/p>\n Judge Essel: \u201cI wish I could grant the man bail, the fact is not good, you see even Abariga discussed it with me before he filed the application. He is my good friend that\u2019s why he brought it to my court. He\u2019s trying to get him out. Maybe he\u2019s telling the truth, this whole thing is because of a land, it\u2019s because they are trying to take his land away from him, if he\u2019s sent away somebody will get the land to sell, you see\u201d.<\/p>\n This conversation suggests that the Judge had known about the case even before it was filed. As he presents it, his good friend the Lawyer had discussed it with him. The Lawyer ensured that the case was put before him. Our investigations on how cases are assigned to Judges, that is supposed to be done electronically. There are three Human Rights Court so if Essel knew the case was coming to him, it is a manifestation of the possibility to circumvent the electronic system and get cases to preferred or favorite Judges.<\/p>\n Essel\u2019s comment on the accused person\u2019s land also give an impression of how disparately he wanted to grant him bail in the face of the evidence that was put before him. He seemed to be arguing for the accused person in front of tiger (supposed relatives).<\/p>\n Judge Essel: \u201cBecause this land is not family land I think it belongs to his father, death has become trouble for him, so you see, they want to keep him away and take the land. I\u2019m sure by now they have already started selling the land\u201d.<\/p>\n Cases presided over by Justice Essel Mensah:<\/strong> 2. http:\/\/newsghana.com.gh\/human-rights-court-throws-out-case\u2026\/ \u2026.<\/a> <\/span>An Accra Human Rights court presided over by Justice Essel Mensah, has dismissed the conditional appearance suit filed against the Disabled Federation by the Ghana Civil Aviation Authority (GCAA).<\/p>\n The Disabled Federation sued the GCCA, Antrak Air, Starbow and Africa World Airlines last year over their refusal to airlift a physically challenged person.<\/p>\n 3. http:\/\/spynewsagency.com\/court-still-keeps-kkd-behind-bars\/ \u2026.<\/a><\/span>On the KKD rape case….The Justice Kofi Essel-Mensah court adjourned the case to Thursday January 15.<\/p>\n According to Starr News\u2019 Wilberforce Asare, Lawyers for the fashion icon requested and were granted a private moment with the judge in the course of the trial.<\/p>\n![\"lord](\"http:\/\/4cd.e16.myftpupload.com\/wp-content\/uploads\/2015\/09\/lord-essel-4.jpg\")
<\/a><\/p>\n
\nAccording to the 1992 Ghana constitution, the High Court has original jurisdiction in all human rights cases. It is to that effect that the Human Rights court was created specially to deal with human rights issues. Most cases come to the court upon applications from cases pending in other courts. The legitimate expectation is that, the human rights court shall ensure that the fundamental human rights as enshrined in the Constitution are protected at all times.<\/p>\n
\nNii Baah (a driver) was in a longstanding dispute over a piece of land with Samuel Kwofie (the deceased) who was 27 years old and a farmer. Nii Baah and his accomplices attacked the deceased in a brawl that saw both sides sustaining injuries. The injured reported to the hospital and were treated and discharged.<\/p>\n<\/a><\/p>\n
\nTiger2: Yeah boss, so I narrated everything to him, I asked him to beg you. If this thing works perfectly, the rest of the money (will be delivered)<\/p>\n
\nKing Gabriel: Ehhh!
\nTiger2: Let me call Ahmed!<\/p>\n
\nKing Gabriel: He\u2019s there but we\u2019re not going to do it here, ehhhe you understand what I mean!<\/p>\n<\/a><\/p>\n
\nDid you say Razak? No I don\u2019t know there
\nWhat restaurant; Chinese?
\nOkay I\u2019ll ask!
\nIs it close to the station?<\/p>\n
\nAhh okay I\u2019ll ask, Osu Children\u2019s Home, okay.<\/p>\n
\nYes, I\u2019ll find the location, yes I know Labone secondary.
\nOkay, alright.<\/p>\n
\nWe arrived in the house of the learned justice, located in a plush area of Labone. He kindly flung the door open for us.<\/p>\n
\nJudge Essel: Good evening, have a seat! What brought you here?<\/p>\n
\nJudge Essel: Okay!<\/p>\n<\/a><\/p>\n
\nGabriel: So just like I told you, he\u2019s my daddy, he\u2019ll explain further to you so that you\u2019ll understand!
\nJudge Essel: Are they Ga\u2019s?<\/p>\n
\nJudge Essel: Is Nii Baah a Northerner?<\/p>\n
\nJudge Essel: Oh okay, is Abariga your lawyer?
\nTiger: Yes!<\/p>\n
\nJudge Essel: Abariga told you?
\nTiger: Yes!
\nJudge Essel: You see, so it\u2019s difficult and me too I don\u2019t want to take anybody\u2019s money because once you take somebody\u2019s money he expects that\u2026.(Tiger cuts in)<\/p>\n
\nTiger: Yeah that one is true!<\/p>\n
\nTiger: We\u2019ll not expect anything until whatever my lord would decide.<\/p>\n
\nGabriel: They\u2019ve been doing that (referring to other people they do business with). As for that one is very true.
\nTiger: As for us we\u2019ll not expect anything until my lord makes a decision.<\/p>\n
\nGabriel: Money is not the issue now!
\nTiger: As for that one de3 it\u2019s understood.
\nGabriel: So as I said\u2026.!<\/p>\n
\n(Gabriel takes money from Tiger to give to Essel)
\nGabriel: So my lord they said they have some fuel \u2026\u2026
\nGabriel: This is GHc5,000.00 right?
\nTiger: Yes GHc5,000.00!<\/p>\n
\nGabriel: I know them very well, he\u2019s my very good friend (referring to chief tiger). I would come and plead with you more. But as it is now, you have heard; you know what to do; you have to be patient; you have to be very, very patient; this one is nothing (referring to the GHc 5000.00 bribe they just gave to the judge)
\nTiger2: Is nothing!<\/p>\n
\nJudge Essel: I wish I could grant the man bail, the fact is not good, you see even Abariga discussed it with me before he filed the application. He is my good friend that\u2019s why he brought it to my court. He\u2019s trying to get him out. Maybe he\u2019s telling the truth, this whole thing is because of a land, it\u2019s because they are trying to take his land away from him, if he\u2019s sent away somebody will get the land to sell, you see.<\/p>\n
\nJudge Essel: Because this land is not family land I think it belongs to his father, death has become trouble for him. So you see, they want to keep him away and take the land. I\u2019m sure by now they have already started selling the land.
\n(Tiger and Gabriel talking at the same time)<\/p>\n
\nGabriel: What about if they bring some injunction or because he\u2019s\u2026!
\nJudge Essel: Ehh, ehh, they want to get rid of him and then sell the land. Some of you if you don\u2019t get a good\u2026\u2026that is the problem.<\/p>\n
\nJudge Essel: Excuse me sir (Essel went out to talk to someone).
\nGabriel: So when he comes, I\u2019ll excuse you to go and wait for me in the car so that ehh the\u2026.
\nTiger: Okay no problem!<\/p>\n
\nTiger2: Yes I understand!
\nTiger: We too, we have to be cautious so that it doesn\u2019t have to appear like every time,,, you understand!
\nTiger2: Mmm!<\/p>\n
\nOur trusted King, took his cut of GHc 1000.00 later and that was the last that we invested in this particular case.<\/p>\n
\nEssel Mensah said he had been in discussion with the accused person\u2019s lawyer (Abariga) who is his very a good friend on the case. It is clear from the conversation that the learned Judge and the lawyer had been looking for means to grant the accused person bail even though he (Judge) himself had realized it was a bad case. Nonetheless, \u201cthey would have granted him bail\u201d, but for the State Attorney who was proving difficult.<\/p>\n
\n1.https:\/\/delacoffie.wordpress.com\/\u2026\/digesting-the-decisions\u2026\/ \u2026<\/span> <\/a>Judgment concerning the Kennedy Agyepong case\u2026 The judge (Justice Essel Mensah) made the habeas corpus order, and adjourned the matter for the state to appear and produce the accused in 4 days. Then again, he made an order for the accused to be released on the grounds of ill health.<\/p>\n