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Three members of the Christ Embassy Church have been acquitted and discharged by the Accra Circuit Court for violating COVID-19 restrictions during a youth concert in 2021. Alex Asomani, Wilson Delali Agyemang, and Kumi Nutifafa were released after the court ruled that imposing the Restrictions Act, 2020 (Act 1012), which formed the basis of their charges, had been declared unconstitutional by the Supreme Court.
The court’s decision came after an application by that imposing counsel, Nanabanyin Ackon, who argued that the nullification of Act 1012 by the Supreme Court meant his clients were not guilty of any offense.
According to Mr. Ackon, a nullified law holds no legal weight and cannot be the foundation for any actions or charges. Therefore, the charges against his clients should collapse, and they should be regarded as innocent.
The charges against Asomani, Agyemang, and Nutifafa stemmed from a youth concert organized by the Christ Embassy Youth on April 30, 2021, at the Fantasy Dome. The defendants, who were youth leaders of the church, were arrested for conspiring to disregard the restrictions imposed on large religious gatherings and failing to adhere to the limitations on the duration of the service.
Under Act 1012, the defendants could have faced a maximum sentence of 10 years. Section 6 of the act specified that non-compliance with the restrictions imposed under the executive instrument issued under Section 2 constituted an offense punishable by a fine or imprisonment.
However, on May 31, the Supreme Court unanimously ruled Act 1012 unconstitutional. The court held that the law violated the Constitution, allowing the President to declare a state of emergency and impose restrictions without following the proper procedure outlined in Article 31 of the 1992 Constitution.
The court emphasized that Act 1012 contradicted Articles 21, 31, 32, 58(2), and 93(2) of the Constitution. The court struck down Act 1012 as unconstitutional, null, and void.
The seven-member panel, headed by Justice Jones Dotse, included Justices Nene Amegatcher, Prof. Nii Ashie-Kotey, Avril Lovelace–Johnson, Issifu Omoro Tanko Amadu, Prof. Joy Henrietta Mensa-Bonsu, and Emmanuel Yonny Kulendi.
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Source: Omanghana.com
