On Wednesday, January 24, 2024, the High Court in Accra sentenced six out of the ten individuals accused of plotting a coup against the government of Nana Addo Dankwa Akufo-Addo to death by hanging.

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Presided over by Justice Afia Serwah Asare-Botwe, Justice Hafisata Amaleboba, and Justice Stephen Oppong, the court found the six accused persons—Donya Kafui, Bright Allan Debrah Ofosu, Yohannes Zikpi, Warrant Officer Class Two Esther Saan Dekuwine, Lance Corporal Ali Solomon, and Corporal Sylvester Akanpewon—guilty of treason or conspiracy to commit treason.

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This verdict is shaping up to be a contentious issue between the executive arm of the government, led by President Nana Addo Dankwa Akufo-Addo, and the legislative arm, headed by the Speaker of Parliament, Alban Bagbin.

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The high court judges seem to have based their decision on the Criminal Offences Act, 1960 (Act 29), which prescribes the death penalty for individuals found guilty of crimes such as treason and other serious offenses, including murder.However, there is a dispute about whether this law is the current law or whether it has been amended.

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Some legislators, including Francis-Xavier Sosu, the Member of Parliament for Madina, argue that the death-by-hanging sentence handed down by the court cannot stand because the law has been amended to punish such crimes with life imprisonment.“Death Penalty Abolition - Ghana’s status of having abolished death penalty for ordinary crimes is same.

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The Criminal Offenses (Amendment) Act, 2023, (Act 1101) passed by @GhanaParliament & Assented to by @NAkufoAddo on Aug 2, 2023 and Gazetted the same day is the current law,” he wrote on X on Thursday, January 25, 2024.He provided some documents to prove that the said amended act was “passed by parliament and assented to by the president” on August 2, 2023.

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However, the presidency maintains that the president has never signed the amendment into law.In a memorandum to the Parliament of Ghana, President Akufo-Addo conveyed his refusal to give assent to the Criminal Offences Amendment Bill, Criminal Offences Amendment Bill (2), and Armed Forces Amendment Bill, citing their breach of Article 108 of the constitution as private members bills.

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Despite this, Alban Bagbin addressed the matter in detail on Friday, December 22, 2023, stating that the President had given his assent to the Criminal Offences Amendment Bill on the abolishment of the death penalty as far back as August this year. The bill was gazetted as Criminal Offences Amendment Act, 2023, Act 1101, published, and made available to the public.

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“By a letter dated 3rd August 2023 assented to on the same day by the President, the bill was gazetted as a Criminal Offences Amendment Act 2023, ACT 110 published and made available to the public. So, it was no longer a bill but an ACT,” Bagbin narrated.

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He continued: “The foundation of my disagreement with the President’s position and refusal to assent to the three bills is anchored on four critical aspects of the Constitutional interpretation procedural adherence.”The speaker has recently expressed his intention to escalate the matter to the judiciary, the third arm of government, seeking a final determination from the court.

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As a result, the fate of Donya Kafui, Bright Allan Debrah Ofosu, Yohannes Zikpi, Warrant Officer Class Two Esther Saan Dekuwine, Lance Corporal Ali Solomon, and Corporal Sylvester Akanpewon will once again be subject to the court's decision.The 'six convicted coup plotters' face the possibility of being hanged, depending on whether the judiciary aligns with the executive or the legislature, especially if they lose their appeals.<img

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