Criminal Law expert, Lawyer Augustine Obuor, says comments made by the GFA President, Kwasi Nyantakyi that led to his arrest was only a bluff and do not warrant a criminal charge until he is caught taking the said money discussed in the video.
He says the police could investigate to ascertain as to whether an amount of money was given to Mr. Nyantakyi or not, rather than that, bluffing is not a crime.
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The controversies surrounding the yet-to-be premiered video by Tiger Eye PI has gone viral across both social and traditional media with many not giving recourse to what the law actually states.
Nana Akufo-Addo had reported Mr Nyantakyi to the Criminal Investigations Department (CID) of the Ghana Police Service on Tuesday, 22 May 2018, after being privy to investigative journalist, Anas Aremeyaw Anas’ Number 12 undercover documentary which suggests Mr Nyantakyi had used the name of the president for certain purposes.
But lawyer Obuor says issues of such nature only brings relief to Ghanaians since such matters sometimes subdue the political pressure but does not warrant criminal charges since bluffing is part of our lives.
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“If you like, let the Ghana police announce that every woman should come and report all men that have bragged to them before and you’ll see that all police stations across the country would be full” he said on Adom FM’s Burning Issues Wednesday.
He explained further that one is only culpable if he fails to fulfil his bluff after money has been taken subsequently and the fellow fails to do what is required of him.
“As soon as one accepts the money, it is graduating from a bluff to a promise and this is where it becomes a liability on the person to fulfill the promise or else, falls victim by Article 131 which is defrauding and false pretense” he indicated.
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Citing Anas’ “Ghana under the eyes of God” as an example, Lawyer Obuor said those videos couldn’t have stood the test of strong evidence as a crime in a law court since none of the judges was put to trial in a law court but were discharged off their duties. “Did you see any of the judges being tried in court over Anas’ videos”, he questioned.
According to him, some of Anas’ investigations such as doctors conducting illegal abortions could be used for criminal prosecution but not the ones involving the judges and Nyantakyi.
Lawyer Obuor also added the Supreme Court has ruled against the use of illegally obtained recordings as evidence in court.