22/11/2022
Sad Story of Abena Nyamekye
When I got to the prison car park, I found an empty spot and quickly took it. I alighted from the car, took my file and pen and went straight to the visitor's reception, where I was processed to
get into the main yard, where a special room is provided for lawyers to meet their clients. Coincidentally, the prison warden whom I met on Friday during The Justice for All Program was the officer on duty. I waited for about 15 minutes and saw Abena walk to the meeting room accompanied by the warden. She had a broad smile as though just coming to meet her was going to change
anything immediately. I was yet to get the fine details of what had actually happened and why she was accused.
I first asked the warden if she had the remand warrant of
Abena. She said, "Yes" and immediately showed it to me. I
realized that the signature on the warrant was suspicious,
though I was not too sure what the actual signature was. I
also noticed that the warrant had expired and yet Abena
was still on remand.
I immediately asked the warden, "Who brought Abena here?".
She answered and said, "It was the investigator". "Are you aware that her warrant had expired?" I queried further. "I just realised that it expired two days ago," she answered. So "Why do you continue to hold up people in your prisons on expired warrants?" I demanded. "Counsel it is not our fault. It is the duty of the investigators who brought them here to follow up on them and send them to court," she said. "But are you aware that for any day that you continue to hold anyone on expired warrant, you are acting illegally and violating their rights?" I asked again. "Yes, we know but we cannot do anything about that if the investigators don't show up. We have many cases like that. When we enquire, we are told some of the investigators are on a course and sometimes they travel," she said.
I wasn't surprised at all. This was a common feature of our
justice system and many poor people and mostly people
who don't have the financial resources to hire a lawyer get
violated. I demanded for the details of the investigator and
the prosecutor on the case. I was shocked to know that there was no prosecutor assigned yet. So, how then was Abena Nyamekye remanded? Abena then opened up to give me further details of her case and the accusation leveled against her.
She said "I had a business with a friend which went bad. The
friend had a senior police officer as the boyfriend so she instigated
my arrest. I was sent to court but the court did not sit and it was
Friday so I was brought here. It has been two weeks now. Please
help me."
I told her that she needed to tell the full story and she continued as follows:
Lawyer, as you may know, my name is Abena Nyamekye. I am 24 years. I have a friend called Cecilia. We have been friends for more than three years. We first met at St Johns Grammar School, where we attended senior high school. My parents are late and our only surviving uncle took away all the properties my late dad left for us. I am the first born and have to struggle to take care of my siblings. Because of the death of my parents, I had to drop out of school. That was why I decided to do small, small businesses. I usually go to the Republic of Togo to buy clothes and sell them at Makola, to keep body and soul together and to support my little siblings.
My friend Cecilia is also a trader. From time to time, she takes money from me and I also do take money from her when need be. Two weeks ago, she approached me for some money she had lent to me. I told her that my wares were still in stock and business was bad. She said she had an emergency and needed the money badly. I told her things were difficult. This led to disagreements and we quarreled and she threatened that if she didn't get her money the following day, she was going to report to the police.
True to her words, I was in the shop the following morning when the police showed up to arrest me. I asked them what I did wrong and they said when we got to the station, I would know. I was scared. Even when I attempted to close my shop, they refused, seized me and put me in handcuffs and sent me to the station." She started shedding tears.
Let's take a break and continue later. Please Warden, can you get me tissue?
The warden got me tissue and Abena dried her tears as I assured her that everything would be okay.
"Can you clarify this earlier point that you made. Are you saying
that the police did not tell you the reasons why they wanted you before they put you under arrest?" I enquired. "No Lawyer, they
didn't. My friends at the market ...>>>"
p. 73-78
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