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Private Legal Practitioner, Samson Lardy Anyenini has said that under the country’s laws, a person can be prosecuted for an attempt to commit a crime.
He said attempting to commit the crime has the same implications as committing it.
“In our criminal jurisprudence, sometimes attempt is sufficient. You do not have to consummate the crime; attempt may be sufficient. In what we refer to as inchoate offense,” he said.
According to him, under the inchoate offense, an attempt “can cost you sufficient grounds of which a prosecution can be mounted and mounted successfully.”
Mr. Anyenini was commenting on the dismissal of Minister of State at the Finance Ministry, Charles Adu Boahen for allegedly saying, in an under-cover expose by ace investigative journalist, Anas Aremeyaw Anas, that Vice President Bawumia needed $200,000 as an appearance fee to meet prospective investors.
In the documentary, Mr. Adu Boahen is said to have told the undercover investigators that Dr. Bawumia would also require some positions from the investor for his siblings to get his backing and influence in establishing a business in Ghana.
However, some sections of the public say there is no sufficient evidence to prosecute Mr. Adu Boahen because he has not yet received the ‘$200,000 ‘appearance fee.’
Mr Lardy Anyenini, in response, said that in the documentary, the former Minister was offering to accept a valuable consideration to influence.
He cited the fact the Special Prosecutor has been petitioned by OccupyGhana to investigate the Majority Caucus’ allegation that a wealthy businessman attempted to bribe them.
When asked what the Special Prosecutor could be investigating in issue involving Mr. Adu Boahen, the Private Legal Practitioner said Mr. Kissi Agyebeng may conduct his investigation based on the provisions of section 252 of the Criminal and other Offences Act 29 as amended.
The section 252 (1) states that “A person shall not accept or agree or offer to accept a valuable consideration under the pretense of having to unduly influence or being able or agreeing to influence another person in respect of function as a public officer or a juror.”
Source: myJoy
