A set of five persons standing trial for being members of a prohibited organization dubbed the Western Togoland Restoration Front (WTRF) have been jailed for a combined 25 years.
The five convicts – Ebenezer Gblorkor, Afetorgbor Kpodo, Joseph Nyamewu, Wisdom Kumor and Israel Bessah Kpexor are to serve five years each after they were found guilty.
The court presided over by Justice Mary Maame Ekue Yanzuh handed them the maximum punishment for the offences after hearing the plea for mitigations.
The convicts were charged for four counts namely; attending meetings of a prohibited organization contrary to section 2(1)(b) of SMCD 20, making contributions to the funds of a prohibited organisation contrary to section 2(1)(g) of SMCD 20, participating in the Campaign of a prohibited organisation contrary to section 2(1)(d) of SMCD 20 and being a member of a prohibited organisation contrary to section 2(1)(i) of SMCD 20.
Ebenezer Gblorkpor (1st accused) was sentenced for five years each on Counts 1, 2 and 4.
Afetorgbor Kpogo, the 2nd Accused was sentenced to five years on count 1.
Joseph Nyamewu, the 3rd, Wisdom Kuvor, the 4th and Israel Bessah Kpexor 5th, were each sentenced to five years on Counts 3 and 4.
The court said the sentences are to run concurrently meaning each of them will serve five years making the five to share 25 years jail term in total.
Justice Yanzuh in sentencing the convicts said she took into consideration the fact that the convicts are first time offenders, the time spent in custody and the fact that they are in their youthful years.
The court also said it took into consideration the fact that the offense was premeditated and the fact that the punishment must be deterrent enough to deter other like-minded people to shy away from the act.
Plea of mitigation
Counsel for the convicts Lawyer Andrew Kudzo Vortia in his plea for mitigation said the court should take into consideration the time spent in custody.
According to counsel, the convicts have spent two years and seven months since the case was started.
He also prayed the court to take into account the youthfulness of the convict whom he said are in the prime of their lives and are beyond ages 35 years and “still have life to live.”
Counsel said the convicts are first time offenders and should be treated differently from regular convicts.
Mr. Vortia said the maximum punishment for the offence is five years and having spent already over two years – means that in the prison law terms, they have already spent four years.
He also told the court that, the convicts have shown remorse throughout the trial and “were never aggressive.”
Family Sorrow, anguish
Mr Vortia also prayed the court to take into consideration the adverse effect the conviction will have on the convicts’ family .
“They (families) have been in sorrowful and anguish State since their arrest,” while urging the court to take into consideration the manner of the commission of the crime.
Counsel said all of them said they were invited and promised that they would be enrolled into the army should they support the course.
Lawyer Vortia also urged the court to consider economic conditions of the country couple with legal realism before sentencing them.
He prayed the court to impose “just a day sentence on them.”
Deterrent
Derick Ackah, an Assistant State Attorney who represented the prosecution in his response to the plea for the mitigation urged the court to hand them a harsher punishment to serve as a deterrent to the convicts and others.
He said the accused persons have been found as a matter of fact that they are members of a prohibited organization.
He said, they attacked a police station and blocked roads and their action was premeditated.
The Assistant State Attorney said they attacked the police station the very institutions that is at the heart of maintaining peace.
The Assistant State Attorney told the court that they shot police officer and injured other officers and stole police vehicle and were jubilating ‘freedom freedom’ among others.
He argued that one of them was standing on the bucket of of a police vehicle jubilating and their action was a direct threat to the sovereignty of Ghana and security threat to this country.
He said other persons charged with similar charges are standing trial and more others are yet to be arrested
No remorse
The Assistant State Attorney states that they showed no remorse and wasted the time of the court by allowing the case to go through full trial.
He said the action was Premeditated, aggravated and the punishments should be deterrent to others.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that the convicts who had already spent over two years on remanded will have their five years jail term begin from March 21, 2023.
Brief facts
Per the brief facts to the case, the Homeland Study Group (HSG) is an organisation with the primary aim to secede the Volta and Oti Regions, from the territories of Ghana.
According to the prosecution, the Western Togoland Restoration Front (WTRF) is an offshoot of HSG, established by Michael Koku Kwabla @ Togbe Yesu.
It said the WTRF’s main aim was to use force to secede the Volta and Oti Regions from Ghana, to form a new state to be called ‘Western Togoland’.
The prosecution also stated that it was established by Michael Koku Kwabla @ Togbe Yesu and together with his righthand-man, Charles Elo, they recruited persons to attend WTRF meetings, become members, participate in the group’s campaign and make contributions to the cause of WTRF.
The prosecution states that, the WTRF hatched a plan to campaign and protest for the secession of the Volta and Oti Regions.
It said they planned to campaign and protest by blocking roads that led to the Volta Region from Accra, with sand and burning tyres.
According to the prosecution, on September 25, 2020 at dawn, WTRF set the plans in motion and they divided themselves into groups.
It said one group blocked the Aveyime road from Accra, with trips of sand and burning tyres and the other WTRF groups proceeded to attack the Aveyime and Mepe police stations of the Ghana Police Service.
The prosecution noted that they wielded guns and other weapons and used same to overpower the policemen.
It added that they freed inmates from the cells, broke into the armoury of the stations and stole arms and ammunition including; 13 AK 47 assault rifles; 2 pistols; 5 pump action guns; 1 short gun; 2 mack-3 guns; 1 mack-4 gun; 3 SMG rifles; 11 rubber bullets; 25 rounds of 37mm tear gas cartridges; and about 300 rounds of AK47.
The prosecution also noted that, they also stole a police patrol vehicle with registration number GP 195, proceeded to attack the barracks and made away with monies and other items belonging to the police residents and their families.
“A Police team was sent from Sogakokpe to go and restore calm at Aveyime and Mepe. When they reached Aveyime, the team was attacked by WTRF member,” the prosecution noted.
It said “three police officers were injured and their leader, Chief Superintendent Dennis Fiakpui was shot.
“The signboard of the Police Service was defaced by WTRF members. They erased ‘Ghana’ from the phrase ‘Ghana Police Service’ printed on the signboard.
“They hang and displayed what they claimed to be flags of their new country (Western Togoland),” the prosecution stated.
It said in the midst of the road blockage and attacks on Aveyime and Mepe police stations, the WTRF members also jubilated and chanted ‘freedom freedom’ and the Police investigations led to the arrest of the accused persons.