Journalist and Lawyer Sammy Darko says he does not see how the police can sustain a conviction under the charge of treason felony against Barker-Vormawor.
Sammy Darko in a Facebook post said the police service just wanted to get Barker-Vormawor remanded and change the charges later.
He further explained that "The narrow charge you may get Oliver may be abetment of treason i.e. incitement. Merely threatening is not enough to ground a charge under treason felony; "a person commits treason felony."
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Full post below on Barker-Vormawor :
I have tried to avoid the case of the E-Coup since Friday.
But here are my thoughts. There is nothing wrong legally when the District Court judge says she has no jurisdiction to hear the case nor grant bail.In other words what happened at the district court is legally tenable.
And this is why. All first degree felony cases go through what we call Committal proceedings. And such proceedings are to take place in the District Court. The judge has no power to grant bail neither can it try such a case. It can only remand.
In the case of Treason, the Constitution is specific that it has to be heard/tried by three(3) High Court judges. Some legal scholars interpret it to mean, no committal proceedings but straight to the High Court. Others hold the view, it must first go through committal proceedings before it goes before the High Court for trial.
So really, it depends on which school you belong to. Which ever school, it stands to reason that only a High Court constituted by three Justices can hear a bail application under a charge of treason.
Lastly, the Police just wanted to get him remanded and change the charges later, but i do not see how you can sustain a conviction under a charge of treason felony. The narrow charge you may get Oliver may be abetment of treason i.e. incitement. Merely threatening is not enough to ground a charge under treason felony; "a person commits treason felony... who..
(a)Prepares or endeavours to procure by unlawful means an alteration of the law or policies of the government
(b) Prepares or endeavours to carry out by unlawful means an enterprise which usurps the executive powers of the Republic in a matter of both a public and a private general nature.
If all the Police/State has is all his comments on facebook, then I am afraid it won't cut under this charge.