Evidence, according to Ghana’s constitution means testimonies, writings, material objects or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.
The lack of any of such in the Professor Kwabena Frimpong-Boateng’s Inter-Ministerial Committee on Illegal Mining (IMCIM) report per the Attorney-General’s advice to the government on the document is what baffles the Member of Parliament for South Dayi.
Rockson-Nelson Etsi Kwami Dafeamekpor, the MP, who is also a lawyer says the A-G’s inability to get evidence from the facts provided by the former Head of the Korle-Bu Cardiothoracic Centre leaves much to be desired.
“The videos, the pictures, presented to the senses to prove that galamsey was happening in many areas is not evidence in terms of NRCD (327) 1975? Is that what the occupant of the present office of the Attorney-General is telling us? Then I’m afraid that he’s been hyped. Then my senior in the law has been hyped. If he can write by way of advice and say that there is no evidence based on the [facts presented by Prof. Frimpong-Boateng] he’s not even using an adjectival phrase; maybe relevant or enough [facts],” he stated.
Mr. Dafeamekpor continued that rather than acting as a lawyer, the A-G has chosen to play politics with his office.
“I’m sad as a lawyer and his junior at the bar because he is playing politics. He’s not acting as a lawyer. And that’s why it is disgraceful, shameful and disrespectful for him to do what he has done, that there is no evidence when the law clearly says that that the material that has come to you constitutes evidence?” the MP indicated.
He explained further that it is within the prerogative of the court to put probative value on the materials provided by recounting through cross examination.
“…That is why under section 51 and 52 of the Evidence Act, relevant evidence is only what the court will admit but under 52, the evidence may be relevant but it can be declared inadmissible because it is of a certain prejudicial manner or way to the case of the other party,” he explained.
Mr. Dafeamekpor added that the A-G could have made a prima facie case with the materials he was given rather than discarding them.
He was speaking on The KeyPoints on TV3 Saturday, October 21, 2023, with Alfred Ocansey.
