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The family of a junior high school graduate claims that he was under 16 when he was sentenced to 25 years in prison at Kumasi Central Prison for allegedly stealing GH ¢ 10.00.
The family of a former high school student, Abdallah Mohammed, claimed that he was under 16 when the court sentenced him to 25 years imprisonment in prison Kumasi station for flying GH ¢ 10.00.
In addition to being sentenced to 25 years in prison, he was also sentenced to an adult prison sentence, where he has already spent 10 years of his prison term.
Abdallah Mohammed, 25, had exactly eight days to celebrate his sixteenth birthday.
But the joy of having pbaded the basic education certificate exam and a happy heart to celebrate his new age was broken after being found under the influence of the law on June 23, 2009.
He was arrested by a mob, with a supposed accomplice, Seidu Elliasu, 25 years old (trader) at Akwatia Line, in the Kumasi region of Ashanti region, for allegedly attacking a certain Moro Haruna and stole 10 GH ¢ and 10 keys.
Abdallah Mohammed denied committing the crime.
After being beaten by their captors, the two suspects were handed over to the Zongo Police Station.
Abdallah, aged 15 at the time, and his alleged accomplice, Seidu, appeared in court and were charged with two counts of indictment; (a) Conspiracy to commit a crime contrary to Article 23 (1) of Law 29/60 and (b) Robbery contrary to Article 149 of the 1960 Penal Code. ACT 29.
The Kumasi Circuit Court was presided over by his honor, Emmanuel Amo – Yartey (Esq).
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However, information collected by Corruption Watch (CW) revealed that Abdallah's family was not informed of the minor's arrest and prosecution, unlike the Criminal Justice Act for minors, which required the presence of the minor's parents or guardians before the interrogation.
According to the details provided to the court, the applicant, Moro Haruna, who was living in Amoeba, a suburb of Kumasi on 23 June 2009, while returning home after his visit, met the two accused, Abdallah and Seidu , who physically badaulted him and ordered him to hand everything over him, but according to him (Moro Haruna), he refused to comply with the order.
Seidu then held his shirt against his neck while Abdallah searched his pocket and withdrew money for GH ¢ 10.00 and a bunch of keys. Seidu then recovered the bunch of keys with which he hit his head and wounded him.
Master Haruna stated that he had managed to escape their clutches and had been eager to inform his brother and other people who had rushed to the place where the incident had occurred and had arrested the accused.
The suspect Seidu reportedly asked to return the GH ¢ 10.00 collected from the plaintiff in order to settle the case amicably, but his plea was not accepted.
Abdallah Mohammed
Responding to his accusation, the suspect Mohammed then denied knowing anything about this incident and knowing his suspect, the suspect Seidu, before his arrest.
According to him, on the day of the incident, he was only crossing the area with a rabbi, a neighbor, when people arrested him and beat him.
Ten years after the start of his prison sentence, Muhammad then badumes that he was arrested by mistake, tried and sentenced to 25 years in prison with hard labor, for a crime he did not commit at 16 years.
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Sentence
In cross-examination, the complainant, Master Haruna, and the first accused, Master Seidu, confessed to not knowing the suspect, Mohammed.
On July 27, 2009, the court, presided over by His Honor, Emmanuel Amo-Yartey, read his judgment and sentenced the defendants to 25 years of imprisonment with hard labor.
Master Mohammed is now 26 years old and 15 years older to serve at Kumasi Central Prison.
Father
According to Mohammed's father, Mohammed Nurudeen, his son did not live under his care, but under the care of his sister and mother at the time of the incident, from where his disappearance for days. His aunt thought that he had gone to his grandmother or aunt.
Mr. Nurudeen stated that he had learned that his son was under the law when his late friend, who operated lottery services at various locations, including in prisons, returned from Kumasi Prison to inform him that his son had asked him to inform him (his father) to his rescue when he met her at Kumasi Central Prison where he he had been detained pending trial without the knowledge of his parents.
After hearing the shocking news, he located the police station in charge of the case and went there on the date he was informed of the hearing of the case of his son.
He said that he went to the police station because he did not know the court where they were taking his son.
Mohammed Nurudeen added that he had the shock of his life when the officer had returned to the post to inform him that the boy of the time had already appeared in court and had already been sentenced to 25 years in prison with hard labor.
"I rushed to the police station because I did not know the court where they were taking my son. I was therefore expecting the crime agent to come to work so that I could accompany him to court before he came back very late. and I walk in front of me, then I walked to him and told me the reason for my visit, but he told me it was too late because he was returning from the court where my son had been sentenced to 25 years.
How can you imprison my 16 years for 25 years on GH ¢ 10? I have the feeling that my son failed because if I had money and knew how to get justice for my son, he would not be in the situation he is in, " Mohammed Nurudeen disclosed.
The father of Abdallah Mohammed lamented that his son was denied access to his parents and the right to legal representation contrary to the provisions of the law.
"I did not have the opportunity to be with my son in court and did not have the opportunity to hire a lawyer to represent my son in court", he noted.
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Section 22 – Assistance to minors states that: At the beginning of the proceedings, the juvenile court shall inform the juvenile in a language that includes: a) the right to remain silent; (b) the right to have a parent, guardian, close relative or probation officer present at the proceedings; (c) the right to legal representation; and (d) the right to legal aid.
According to the father, he had never known that the age of the boy at the time could play a role in the length of his sentence and the type of prison he had because he had no legal representative at the hearing.
Prison for adults
The juvenile was sentenced to 25 years of imprisonment to serve his sentence at Kumasi Central Prison and spent the last 10 years among adult prisoners.
Charm
On April 1, 2014, Abdallah Mohammed's family appealed, but the plaintiff's attorney was unable to continue the case because of health issues.
Mohammad's family, now 26 years old, is calling on state authorities, civil society organizations and human rights organizations to re-examine her case and reconsider the sentence. 25 years in prison that he inflicted for the first time.
Storms-Well Mensah, a member of Human Rights Defenders-Gh, who drew CW's attention to the case, said the boy was depressed in jail, particularly because of his entourage's environment. adults.
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Source: Yen.com.gh
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