Victor Kojogah Adawudu, counsel for five accused persons of 10, standing trial for an alleged coup plot, says Take Action Ghana (TAG), which some of his clients are members, was going to include prominent people in the likes of  Dr Mensah Otabil, Archbishop Duncan Williams and Dr Osmanu Nuhu Sharubutu, National Chief Imam to be part.

He said TAG is a legal entity registered under the laws of Ghana and has targeted to use these prominent persons to use them to speak against the ills in society.

According to him, TAG as a legal entity has targeted to us professionals: lawyers, Professors, lecturers, professions across board to champion this course.

Mr Adawudu while cross-examining the 10^th Prosecution Witness (PW10), Francis Aboakye on Wednesday, March 9, 2022 at the Financial and Economic Division of the High Court, said TAG has no hidden agenda.

Nonetheless, the witness told the court presided over by the three justices – Mrs Afia Serwah Asare-Botwe, Mrs Hafisto Amaleboa and Mr Stephen Oppong – that the claim by the lawyer was false, as the vision and mission of TAG stated otherwise.

Mr Adawudu is representing Kafui Donya aka Ezor, second accused (A2), Bright Alan Deborah aka Bright Alan Yeboah aka BB (A2), Cpl Seidu Abubakar (A7), Lac Ali Solomon (A8), and Cpl Sylvester Akanpewon (A9).

The other accused persons standing trial with them are Dr Frederick Mac-Palm (A1), Johannes Zekpi (A4), Col Samuel Kodzo Gameli, WOII Esther Saan Dekuwine and ACP Dr Benjamin Kwasi Agordzo.

Excerpts of the cross examination:

Q:  Mr Aboagye, the locally made pistols that were found on the premises of the Citadel Hospital were presumed to be newly manufactured? 

A: Yes my lords

Q: In other words these five pistols found there had never been used before? 

A: That is false. A2 (Kafui Donya alias Ezor) had indicated that he, Dr Mac Palm and Sulley Awarf had taken two of the weapons for test firing and that the military seized one and they managed to bring one home.

Q: When did A2 tell you this?

A: It was during interrogation on September 21, 2019 and added that upon return from the test firing he and Dr Mac Palm together with Sulley went to hid the weapon in the generator set.

Q: In which language? 

A: In Twi.

Q: What you claim A2 told you in connection to the gun being test fired is not true? 

A: My lords, that is the truth and my office is ready to provide the video if counsel so wished.

Q: The guns you claimed were test fired are they part of the Exhibits? 

A: One was returned according to Kafui and added that… as to whether they one was used in test firing, I can’t recollect. 

Q: You claimed one of the locally made pistols was returned to the Hospital, were you a witness to the return? 

A: My lords, no I was informed by A2.

W: In your investigation did it come to your attention that PW3- Sulley, A1 (Dr Ma-Palm), A2 (Kafui) were purportedly or allegedly arrested by the Southern Command? 

A:  It got to my attention that they were arrested by the military but this did not get to me at the beginning of the investigation. I got to know later in the course of interrogation.

Q: Did it get to your attention that the soldiers who arrested A1, A2, and PW3 took three locally pistols from them?

A: It was narrated to me by Dr Mac-Palm, Kafui and Sulley and the indication given to the team, particularly by Kafui was that they took two of the pistols there and that Sulley came with one foreign pistol and that it was the foreign one belonging to Sulley and one of the locally made that were seized. 

Q: In your investigation did u go to the Southern Command of Ghana Armed Forces to check that they had two locally made pistols in their custody? 

A: No my lords, I didn’t not but I know some members of the investigation team did that. 

Q: Did you take finger prints on the guns at the hospital during the arrest…?

A: Yes my lords.

Q: You also told the court that at the Citadel Hospital you found a revolver?

A: Yes my lords. 

Q: did you take the finger prints on the Revolver? 

A: I didn’t personally take it but I know the experts did it.

Q: Can you tell the court the experts that took the said fingerprints, the names?

A: Officers from the crime scene department from the CID?

Q: Can you tell the court the date when these experts from the crime scene took the fingerprints on the revolver and M4?

A: They took it on the day of the arrest, September 20, 2019.

Q: Mr Aboagye take a look at exhibit AC and read page five under the heading “Intended actions”?

A: One of the evidence collected from the crime scene which requires two crime scene management expert will be invited to conduct further investigation. 

Q: You prepared this on September 23, 2019?

A: Yes my lords. 

Q: You sent exhibit M to M4 to the forensic laboratory of the Ghana Police Service? 

A: They were handed over to the Police. 

Q: In the course of your investigation, are you aware they were sent to forensic laboratory for investigation? 

A: My lords, I am not aware?

Q: I am suggesting to you that the analysis that was conducted from exhibit M to M4 showed that these guns -locally made pistols – had been previously used? 

Q: If there is any report on the exhibit it should be part of the docket. What I recollect is that the team from the CID were having difficulty in getting results because the weapons had rough surfaces. 

Q: The guns are not new as you want the court to believe and that they were made by A2 and yet to be used?

A: They are new and confirmed by A2 severally.

Q: The same report on the analysis of these locally made guns, concluded that they cannot tell the material and the elements used in making them?

A: I can’t recollect exactly what is contained in the exhibit report. 

Q: Do you know one ASP Anarti of the forensic laboratory?

A: He was with crime scene Department for a reconstruction of the crime scene and …yes my lords I know him.

Q: I am suggesting to you that all the seven locally made pistols that were submitted to the forensic unit of Ghana Police Service were not new? 

A: That is false my lords.

Q: Mr Aboagye on which date was A3 (Bright Alan) arrested?

A: My lords, I don’t remember exact date that he was arrested but it could be either on 21 or 22 of Sept 2019.

Q: Were you part of the arresting team?

A: No my lords. 

Q: You were part of the people who interrogated A3?

A: Yes

Q: Tell the court the others persons who were part of the interrogation team?

A: Godwin Ekor, Charles Aiddo and others from Police and military whose names I cannot readily mention? 

Q: Whilst the interrogation was to start, you refused to tell A3 about his right for a counsel to be present? 

A: There is no requirement of a counsel to be necessarily present in the interrogation. 

Q: Also you, Francis Aboagye, as the head of team also refused his counsel, my good self to have access to him?

A: That is false, my lords. 

Q: This denial was done in the presence of the accused person, denial of access to a counsel of his choice? 

A: That is false.

Q: How many times did you interrogate A3 in the course of investigation? 

A: Twice

Q: In the course of the said interrogation you showed Daily Guide newspaper to A3? 

A: That is false. 

Q: That newspaper’s date was rubbed off?

A: That is false, we can provide footage of interrogation if he so requests. 

Q: At the interrogation were there others apart from the members of the team?

A: No.

Q: The front page of the newspaper captured a story of two young men who had been incited by Ofosu Ampofo to go on riot?

A: No my lords, never had such incident taken place.

Q: The said Ofosu Ampofo is the National Chairman of the NDC?

By court: This has nothing to do with Mr Ampofo. Whether there are Legal requirement and justification. Don’t go on tangents that are irrelevant to the case.

Counsel: I take a clue my lords, the question again 

Q: In the course of investigation A3, what did you find any gun on A3?

A: No, my lords 

Q: While the investigating team took A3 to his house and office, did you find anything? 

A: TAG documents were taken from a search conducted at his home?

Q: Did you take a picture on that document when found in the house?

A: No my lords, I was not involved in that search.

Q: The TAG is a legal entity registered under the laws of the country are u aware?

A: yes, as an NGO.

Q: A3 and A1 are members of TAG, did it come to your notice?

A: Yes

Q: Did it also come to your notice that A3 was the National Secretary to a Political Party, Africa Reformed Movement? 

A: Yes

Q: It was given license by the Electoral Commission?

A: I don’t know about that.

Q: Did it come to your attention that one Dr Albert Sam is a member? 

A: Yes my lords. 

Q: And this instruction, TAG had other members? 

A: Yes my lords. 

Q: One of the mode of communication to each other was through social media, specifically WhatsApp? 

A: Yes my lords. 

Q: So it is not a crime to be on a WhatsApp platform with members of your organisation? 

A: Yes

Q: TAG had a WhatsApp platform?

A: Yes my lords 

Q: And they used this platform in discussing economic, social and political issues in this country? 

A: Yes my lords 

Q: I am suggesting to you that it is not an offence for members of TAG to discuss and disseminate information on their WhatsApp platform? 

A:  Yes my lords 

A: I am suggesting to you that it is not an offence to go on protest or demonstration provided the procedures were met by the demonstrators? 

A: That is false, if the intention of the demonstrators is to violently overthrow an elected leader, it makes it illegal. 

Q: You are a student of the law?

A: Yes

Q: And the law demonstrates the right to demonstrate? 

A: Yes, but same constitution, the supreme law of the land frowns upon the use of violent or illegal means to overthrow the government. 

Q: A3 expressing himself on TAG WhatsApp platform and didn’t express himself in a way that suggest violent in overthrowing government? 

A: False

Q: Mr Aboagye, I am putting it to you that some of the issues discussed on the WhatsApp platform included: demonstration, medical outreach, social mobilization and others, which are current issues that happen the country. Demonstration was one of issues discussed on TAG platform? 

A: Yes, I told the court how the group intended to use these protests to overthrow government.

Q: Can you tell the number of people on TAG platform? 

A: Can’t recollect 

Q: Dr Albert Sam was also on the platform? 

A: yes, my lords 

Q: another issue discussion was in relation of social mobilization of people to join TAG?

A: Yes, I indicated how the group on WhatsApp Executive group want to use TAG in an unprecedented way to overthrow government in a constitutionally…

Q: Some of the people on the TAG platform were not in Ghana did you notice that?

A: yes my lords but were Ghanaians 

Q: And these were professionals: lawyers, Professors, lecturers and professions across board?

A: Dr Albert Sam was the one who did a draft mission and vision statements of TAG. Did you realise that? 

A: Yes my lords he drafted it and was discussed

Q: After this draft, A1 cautioned him not to use words such as revolutionary? 

A: Yes, A1 told him not to use revolutionary words on their platform but he used in their meetings and this was captured in page four of 95 of the WhatsApp discussion between Dr Mac Palm and Dr Albert Sam.

Q: Did u invite Dr Sam during investigations?

A: He was not in Ghana and has not been here since the invitation and efforts are being put in to get him.

Q: Did you come across the list of prominent Ghanaians the TAG was targeting to recruit as their members? 

A: Yes my lords 

Q: Can you mention some of them? 

A: I don’t have that.

Q: Some of the prominent Ghanaians included Dr Mensah Otabil, Archbishop Duncan Williams and Dr Sheik Nuhu Sharabutu, National Chief Imam?

A: That is false. The group had discussed the recruitment of them as a means of getting mass fort to be able to get to their revolutionary agenda. This can be found in their Executive platform. 

Q: Reasons of targeting these leading voices was for them to speak against the ills in the society? 

A: That is false. The main agenda was to overthrow government as stated in mission and vision. 

Q: There was no hidden agenda in the formation of TAG as an NGO? 

A: That is false. I find it difficult to appreciate how an NGO that has its mission and vision to overcome an elected government and had outline plans to achieve that and really acting in accordance of this plan.

Q: All you are saying is your opinion for the interpretation on the TAG platform. What you have said about TAG as having an agenda to overthrow government is your own opinion? 

A: That is false. My lords, per the evidence available to me as investigator by way of weapons retrieved, soldiers meeting with accused with intention to overthrow government cannot be my opinion but the reality? 

Q: I am putting it to you that the opinions u have formed on TAG is not supported by the facts and contained in exhibit AE?

A: That’s false my lords. 

Q: In your evidence in Chief you spoke about WOI Bissah, did you take a statement from him?

A: Can’t remember but can say he was interrogated. 

Q: You also spoke about Sgt Owusu, as being the person who introduced Ankrah to Bissah to make a report? 

A: Yes.

Q: You told the court that you confirmed that with a WhatsApp message as a proof?

A: Yes and other circumstantial evidence.

Q: Do you have it?

A: Yes the team took copies of that WhatsApp conversation. 

Q: You told the court that you had watch all the videos in relation to this matter in your investigation? 

A: That is false never stated I have watched and listened to all in my evidence in Chief.

Q: Did you watch the videos in this matter?

A: Yes I watched some in my investigation, the focus was to be able to establish findings that were independent of the videos and audios.

Q: The videos you watched in how many of them did u see Seidu Abubakar?

A: I can’t remember but the findings of the team regarding the involvement of Seidu was based on his participation in the meetings where such matters were discussed, his failure to report to authorities and as confirmed by LAC Ankrah, LAC Ali Solomon who are both his office mates.

Q: Is it that you never watched any video in which Seidu was not present? 

A: I watched a number but cannot recollect. 

Q: Tell the court a specific thing he said in the meetings?

A: Can’t recollect because the focus of the investigation was based on. The findings were more independent of the videos we watched. 

Q: Your conclusion is based on what had been alleged said by Ankrah and Solomon? 

A: Yes, as investigator I don’t need to be present but be able to draw conclusions from the facts available to me. 

Q: Can you tell the court the dates of the alleged meetings A7 attended? 

A: I don’t have that readily in mind.

Q: In the course of your investigation, did it come to your attention that A7 and A8 lived in the same block in the barracks? 

A: I don’t know about that but what had been confirmed by Solomon is that Seidu visited him and they went to a meeting where the overthrow was discussed. He has not denounced it and confirmed it during interrogation and in his witness statement. 

Q: Did it come to your attention that A7 and A8 work in the same office? 

A: They work at the Airforce base. 

Q: A7 and A8 come from the Northern part of Ghana? 

A: Yes it came to my attention. 

Q: They see themselves as one and do things together? 

A: I don’t know about that.

Q: A7 and A8 went to the Next Door Beach to attend a party, as they were invited? 

A: That is false. My reference is the interrogation caution statement of Ali Solomon. 

Q: Mere presence of Ali at the beach doesn’t make him a participant in the alleged meeting to overthrow the government?

A: I don’t think that’s what I suggested to the court.