The High Court in Accra has acquitted and discharged a military man – Warrant Officer Class 1 (WO1) Samuel Yao Fiagbedzi and one Richard Adri alias Mumuni from all charges related to their involvement with the Western Togoland Restoration Front (WTRF) and Homeland Study Group Foundation (HSGF).
The court, presided over by Justice Marie-Louise Simmons, ruled that the prosecution failed to establish sufficient evidence to prove their membership with the prohibited organizations.
The court found that Fiagbedzi’s (A2) presence on a WhatsApp platform was not enough to establish his membership in the prohibited organizations.
Justice Simmons said, there was no evidence that he actively engaged with the group’s activities or contributed to its success.
“On A2, (Samuel Yao Fiagbedzi) insufficient evidence was led by the Prosecution to support the fact that he was a member of any of any of the Prohibited Organizations,” Justice Mrs Simmons ruled.
“Evidence that he was put on a WhatsApp platform by somebody without him having actively engaged in any of the activities or contributed to same.
“Both PW1 (First Prosecution Witness) and PW2 (Second Prosecution Witness) confirmed that they had no evidence of his involvement with any of the organization except being allegedly on that platform.
“No evidence was led that he listened to, joined, supported or in any way contributed to the succes of this whatapp group as a member. The element of membership has not been established,” the Court ruled.
Richard Adri, also accused of being a member of the prohibited organisations, was freed after the Court ruled that receiving a T-shirt from the founder of HSGF did not constitute membership.
The court emphasized that without subsequent acts or association with the group, there cannot be sufficient evidence of membership.
“On A6, not sufficient evidence was led to establish that A6 was a member of any of the prohibited groups.
“There is no incriminating information volunteered by him in any of this statements. The only evidence is his being a member of the Youth Alive Artisans group.
“Apart from the founder of the HSGF visiting their youth group and distributing T-shirts, there is no evidence that the directly and or purposefully supported or contributed nor was associated with any leader of the said two (2) prohibited groups.
“The evidence led so far is that even the T-shirt of the WTRF distributed to him he discarded it. I have found that merely being gifted something i.e. the T-shirt by the leader of the organization is not enough to make one a member of that organization.
“Without any subsequent acts or association with the group, its activities, regalia or paraphernalia, there cannot be sufficient evidence of membership.
“The charge of being a member of a prohibited organization has therefore not been proved against A6,” the Court said.
Others to open defense
Four others – Ernest Dzitor, (A1), Prosper Avumenyi, (A3), Benjamin Kplevi, (A4), and Isaac Kwasi Afeku (A5), – will open their defense after the court found prima facie evidence against them. The court ruled that there was enough evidence to establish their membership in the prohibited organizations.
Ernest Dzitor, who is the first accused, the Court said, his own admission of being a member of HSGF between 2018 and 2020 was considered sufficient evidence.
For Prosper Avumenyi, (A3), the Court said the Western Togoland T-shirt found in his room and a photograph associating him with the group’s leadership were considered evidence of membership.
Benjamin Kplevi, (A4), the Court said his statement confirming association with HSGF was considered prima facie evidence of membership.
Isaac Kwasi Afeku, (A5), the Court said Exhibits found in his possession, including evidence of his association with HSGF leadership and direct involvement as an executive, were considered sufficient evidence.
Brief facts
The facts as provided by the Prosecution eere that some prohibited Organizations known as Western Togoland Restoration front (WTRF), united Freedom Fighters (UFF) and concerned Citizens of western Togoland (CCWT) were formed after the arrest and release of one Charles Kwami Kudzordzi a.k.a Papavi Horgbedetor (now deceased).
Papavi was said to be the founder and leader of the Homeland study group Foundation (HSGF) another prohibited Organization.
From the facts, the aim of these organizations is to secede from the Republic of Ghana and form a new sovereign state.
This new sovereign state is to cover the entire Oti and Volta regions and parts of the Eastern and Northern region of the Ghana.
In fulfillment of their agenda many young people were recruited as members and added to various groups on social media platforms such as WhatsApp to assist in attaining independence from Ghana.
Some young people were also trained to become the core of the rebel group that would eventually become the core of the rebel group that would eventually become the police and the military of the envisaged state.
The Prosecution have stated that the A1, A2, A3, A4 and A5 all admitted to being members of the WTRF, whilst the A6 admitted to being a member of the CCWT, both being Prohibited Organizations.
The Accused persons are said to have stated at their respective communities that they attended meetings that were being held by the executives of the WTRF.
It was also said that T-shirts with the inscription “May day is our day” and the map of Western Togoland were distributed to them to wear to raise more awareness of their agenda.
The A1 in his Investigation Cautioned Statements is said to have admitted to taking part in the blocking of the road with trips of sand and burning tires, thereby causing vehicular traffic and inconvenience to motorists.
The A4 also in his statement is said to have that admitted that in 2018 the executives of the WTRF held a meeting where he was conferred a title as the leader of the group in his community and everyone knew him as such.
The A5 is accused of admitting to being a member of the WTRF showing his solidary to the founder of the WTRF by accompanying him to the police station when he was arrested.
Again it has been stated that when A5 was arrested some documents of WTRF were found and retrieved from his home.
After investigations, thee Accused have been arraigned on the above stated charges for trial.
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