Ghana CID Seeks Attorney General’s Advice on Afenyo-Markin’s Alleged Assault of Police Officer During Demonstration

Introduction

In a significant development within Ghana’s law enforcement and political spheres, the Criminal Investigation Department (CID) of the Ghana Police Service has formally referred a high-profile case to the Attorney General’s Department. The matter centers on an alleged assault by Alexander Afenyo-Markin, the Minority Leader in Parliament, on a police officer during the “Save the Judiciary” demonstration on May 5. This incident, captured in a video with an official police watermark, has sparked widespread interest due to Afenyo-Markin’s prominent role in Ghanaian politics.

Understanding such cases is crucial for grasping the interplay between parliamentary privileges, public demonstrations, and police duties in Ghana. The CID’s letter, dated June 27 and signed by Deputy Superintendent of Police (DSP) Justice Oppong on behalf of the CID Director-General, forwards the investigation docket from its Special Investigation Unit (SIU) for legal advice. This step highlights the structured process Ghanaian authorities follow in handling allegations against public figures, ensuring transparency and adherence to the law.

Context of the “Save the Judiciary” Demonstration

The demonstration at the Accra International Conference Centre (AICC) aimed to address concerns over judicial independence. Tensions escalated when police enforced boundary restrictions using metal barricades, leading to physical confrontations between officers and participants, including lawmakers like Afenyo-Markin. Such events underscore the challenges of maintaining order during politically charged protests in Ghana.

Analysis

The CID’s thorough investigation into the Afenyo-Markin police assault allegation reveals a methodical approach typical of Ghana Police Service protocols. It began with a one-minute, 13-second video received by the Cybercrime Unit, authenticated by the Ghana Police Service watermark. Preliminary video analysis showed Afenyo-Markin allegedly grabbing General Corporal (G/Cpl.) Forson Abel, stationed at Tesano District Police Station, amid efforts to control the crowd.

#### Incident Timeline and Evidence Collection

• May 5: Altercation occurs during demonstration.
• May 6: G/Cpl. Forson Abel files formal complaint at Tesano Police Station, supported by a police medical report and witness statements from senior officers, including Superintendent Isane Ocansey, ASP Sulemana-Jallo Abudulai, and ASP Nicholas Mensah. They confirmed the officer was struck without provocation.
• Counter-Complaint: Afenyo-Markin files his own report on the same day, claiming he was assaulted by the officer.

The SIU mobilized teams from Crime Scene Management and Cybercrime Units for scene reconstruction at the AICC. Investigators identified two CCTV cameras potentially capturing the event and requested footage from the National Security Secretariat. While National Security video did not show the assault, the original police video prompted a caution to Afenyo-Markin. He was released on self-recognizance bail in the presence of an independent witness and issued a police medical form for examination—though he reportedly did not return it despite reminders.

Statements were recorded from National People’s Party (NPP) officials Sammy Awuku and Richard Ahiagbah, who were present. This comprehensive evidence gathering exemplifies how Ghana’s CID builds robust dockets for Attorney General review in cases involving alleged assaults on police officers by parliamentarians.

Summary

To encapsulate the Afenyo-Markin alleged assault case: On May 5, during a demonstration, video evidence led to claims that the Minority Leader physically engaged G/Cpl. Forson Abel. The officer’s complaint, backed by medical and witness evidence, triggered an SIU probe. Afenyo-Markin’s counter-claim added complexity. Post-investigation, including scene visits and footage requests, the CID cautioned him, granted bail, and referred the full docket to the Attorney General on June 27 for prosecution advice. This process ensures impartial handling of police assault allegations against political figures in Ghana.

Key Points

Practical Advice

For citizens, journalists, and demonstrators encountering similar situations in Ghana, here’s pedagogical guidance on navigating police interactions and allegations:

During Public Demonstrations

• Respect police barricades to avoid escalation, as enforced under the Public Order Act, 1994 (Act 491).
• Document incidents via video, but ensure it doesn’t interfere with law enforcement.
• File complaints promptly at the nearest station with medical evidence if assaulted.

Engaging with Investigations

Cooperate fully: Attend interviews, complete medical forms, and respond to summons. For public figures, self-recognizance bail allows freedom pending advice, but non-compliance (e.g., ignoring medical returns) can weaken defenses. Understanding the CID-to-AG referral process demystifies it—it’s a standard checkpoint before prosecution decisions.

Reporting Assaults on Police Officers

Police assaults are treated seriously under Section 253 of the Criminal Offences Act, 1960 (Act 29). Victims should secure witness statements and medical reports immediately, as done by G/Cpl. Abel.

Points of Caution

While the Afenyo-Markin police assault case garners attention, exercise restraint:

• Avoid Prejudging: Both parties filed complaints; full facts await AG’s review.
• Parliamentary Context: MPs enjoy privileges under Article 117, but not immunity from criminal assault charges.
• Media Scrutiny: Rely on verified sources like official CID letters, not unconfirmed social media.
• Political Bias: Afenyo-Markin’s NPP affiliation and opposition role may polarize views—focus on evidence.

These cautions promote informed discourse on Ghana police investigations and parliamentary accountability.

Comparison

Similar Past Incidents in Ghana

This case echoes previous clashes, such as the 2020 #FixTheCountry protests where MPs intervened in police-demonstrator scuffles, leading to inquiries. Unlike routine assaults, high-profile referrals like this one to the AG mirror the 2018 Ayawaso West Wuogon by-election violence probe, where SIU evidence informed charges. Key difference: Here, video authentication expedited the process, contrasting slower resolutions in footage-scarce cases.

Vs. Standard Assault Cases

Ordinary assaults resolve at district levels; parliamentary involvement elevates to CID/SIU, ensuring national oversight. Bail on self-recognizance is common for first-time, non-violent allegations, differing from custody for repeat offenders.

Legal Implications

Applicable under Ghanaian law, the referral invokes the Attorney General’s prosecutorial discretion per Article 88(6). Potential charges include assault under Section 84 of Act 29 (occasioning harm) or resisting lawful arrest. If AG advises prosecution, Afenyo-Markin faces court; otherwise, closure. No absolute parliamentary immunity applies—Article 122 limits only civil suits for speech/debate. Non-return of medical forms could imply non-cooperation, impacting bail or defense. Victims like G/Cpl. Abel may pursue compensation post-resolution. This underscores accountability for all, including MPs, in police assault matters.

Conclusion

The CID’s referral of the Afenyo-Markin alleged assault docket to the Attorney General marks a pivotal juncture in balancing political expression with law enforcement integrity. Rooted in verifiable evidence from the May 5 demonstration, the investigation exemplifies Ghana’s commitment to due process. As the AG deliberates, this case serves as a reminder of the boundaries during protests and the mechanisms safeguarding officers. Stakeholders should await official outcomes, fostering trust in institutions amid public scrutiny.

Ultimately, transparent handling of such police assault allegations strengthens democratic norms, ensuring no one is above the law in Ghana.

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