1. It was a cosy Saturday evening, Kenneth Keelson had returned home from his oil palm plantation extremely exhausted after having worked continuously for 8hours. Although tired, Ken wanted to attend the half night session at Champion Jesus Bible Believers Church International at Awoshie led by Rev. Moneyswine. Just before he could freshen up, two policemen, D/Sgt Yentieobiaa and ASP Dasmani knocked at his door. Ken, in boxers with his towel around his neck, opened the door. Without a word, the two police officers bangled Ken into a waiting pick-up and drove away. On reaching the police station, D/Sgt. Yentieobiaa instructed his boys to lock Ken up. Ken, still confused as to why he had been arrested, touched D/Sgt Yentieobiaa by the shoulder in order to get his attention but D/Sgt Yentieobiaa yelled at him saying, “My friend, don’t touch me. You think you are champion Atta. I will show you where power lies”. From that moment, Ken’s request to speak to a lawyer or family member was denied.

Three days later, ASP Dasmani brought a hand written document to Ken and pointed to a portion for him to sign. Ken hesitated but ASP Dasmani threatened him saying, “If you want to rot in jail, you can refuse to sign this document”. Ken reluctantly signed the document without knowing its content.

The next day, Ken was arraigned before the Kawanopaado DISTRICT Court and charged with the offence of rape. He pleaded not guilty to the charge but his plea was not taken. Without recourse to the law and due process, the DISTRICT court convicted Ken and imposed a 20 year prison sentence on him. After 13 years in prison, it has been discovered that the real rapist is Guy B, a notorious drug addict in the Ngleshi Amanfrom community. Thus, the case of the prosecution is that this is a clear case of mistaken identity. Ken has therefore been acquitted and discharged.

Although excited, Ken feels that his fundamental human rights have been violated but he is confused as to which court has jurisdiction over his cause of action and has therefore approached your firm, Nyasemhwe Chambers, where you are the managing partner.

Required:

Advise Ken as to the following:

a. The court which has jurisdiction over the matter

b. Any remedy available to him

c. Will your answer be different if it had been established that Ken committed the offence?

Asked by Charles Pappoe