An Accra Circuit Court on Tuesday declined a plea by defence counsel of Amina Mohammed, who alleged mass rape on an Accra-Bawku bus last year, to promote reconciliation and settle the matter out of court.
The court presided over by Mrs Patience Mills-Tetteh told the defence counsel Mr Andy Appiah-Kubi: “I want you to stay in this case to the end so that we can have something to learn from it.
“Let’s develop the law so that at the end of the day we will all learn from it.”
Turning to Amina, she said, “go home and look after your children but you will come back to continue”.
Mr Appiah-Kubi prayed the Court to promote reconciliation and out of court settlement.
When the case was called, Mr Appiah-Kubi said the defence wanted reconciliation because of the accused person’s age and being a single parent with little children and other family responsibilities.
Mr Appiah-Kubi said the case was also a misdemeanour.
He said in this case there was one aggrieved party. “We only have one party and if that party is counselled, all other people will be touched so that others will set the tone on that and broker peace.”
The defence counsel said: “My Lord, looking at the resources that both the State and defence counsel are putting into this case, the anxiety that the general public have put in, the court has the power to promote reconciliation in the interest of time and decongestion of your court.”
“This is just a misdemeanour; it is up to you to settle it. You have the power and the multiplicity of allegations will not make a case.”
Mr Appiah-Kubi supported his prayer with Section 73 of Courts Act 1993, Act 459.
It states: “A court with criminal jurisdiction may promote reconciliation, encourage and facilitate a settlement in an amicable manner of an offence not amounting to felony and not aggravated in degree on payment of compensation or any other terms approved by the court before which the case is tried and may, during the pendency of the negotiation for a settlement, stay the proceedings for a reasonable time and in the event of a settlement being effected shall dismiss the case and discharge the accused person.”
According to him the case was being dragged too much depriving him of a living since he had other issues to attend to, saying “there are bread and butter issues that I have to deal with. Man must live.”
However, the prosecutor, Mr Paul Asibi Abariga, commented: “I don’t see where defence counsel is coming from when he made the point that he is invoking the powers of the Court on Section 73.
“It does not lie in my power to stand here and agree on this. The proper thing must be done.
“Defence counsel should serve the Attorney General (A-G) in writing and based on that the A-G can take it from there. The proper thing should be done for the court to decide.
“I cannot stand here in court today to say that I will agree for out of court settlement. It is impossible since I take instructions on my day-to-day work depending on the matter being handled by me. To say ‘yes indeed one should settle this matter out of court’ I cannot do that.”
“If it pleases the court can I call my next witness?”
The facts are that Amina lives at Ashaiman, near Tema. On October 11, last year, Amina together with her mother boarded an Accra-Tamale-Bolgatanga bound bus to attend a funeral.
The accused alleged that during the journey, they were attacked by armed robbers at Kubease, near the Customs Division of Ghana Revenue Authority barrier, during which the armed robbers compelled men on the bus to have sex with the women, and a man who was travelling with his 14-year-old daughter was forced to defile her.
The prosecutor said the allegation was reported on a radio station and thereafter several radio stations took up the story and published it, thereby causing fear and panic.
It said when the driver of the bus was contacted, he told the police that on that day, he left Accra with 47 passengers for Bawku through Tamale and Bolgatanga.
The driver said at about 2200 hours he saw a road block mounted by the armed robbers but he drove through it and lodged a complaint at the Ejisu Police Station and continued the journey to his destination.
The prosecutor said Police investigations confirmed that there was an attempted robbery at Ejisu in the Ashanti Region, but there was no mass rape as alleged by the accused person.
The case was adjourned to February 25.