“Mr Micah has been charged with a narcotic related offence but the offence is respect of possession, it is different from when you are exporting it that carries a different sentence in law and it is normally seen as non bailable but for smoking or possession in your room for use which has been detected that is bailable and the maximum sentence is five years”.
According to the Airport Police Commander, Chief Superintendent Yaw Tetegah , the embattled Musician Ekow Micah was initially picked up by the police to aid investigation of Ghana’s Black Star Captain Asamoah Gyan alleged sex tape but a search at his residence saw him in possession of substance that has been confirmed as weed.
Appearing in court last Friday for possession of narcotics, Ekow Micah has been put on remand till the 20th of August, 2015 when he reappears.
Lawyer Adusei says the development of Ekow denial of bail during first appearance is normal. He disputes the indication that narcotic offences are not bailable, he is resilient and of a diverse opinion.
“Narcotic offences generally are not bailable but my view point is that every offence is bailable. The reason is simply, sometimes the ingredient for the offence which the person has been charged maybe nonexistent and for that reason the court can grant bail in certain circumstances…You remember Kwaw Kesse case when it came up everyone say it was non bailable but subsequently he got bail on medical grounds”.
He added that one’s status in society cum the evidence and circumstance of the case that is weighed determines their fate in court.
“The law in its pure form says everyone is equal but that is what I call the legal myth. The reality is different. If you commit certain offences, depending on your stature in society you may never get bail. For instance assault is seen as a misdemeanor but if you go and God forbid assault the president of Ghana. It is a bailable offence but the circumstances that will determine whether the offence is bailable or not. Your status in society counts because they want to be sure that they are not granting bail to riffraffs who won’t come and face the Law”.