“Mr Micah has been charged with a narcotics-related offence but the offence is in 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.”
Speaking on Hitz FM’s entertainment this week with MzGee, he observed that,
“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 was initially picked up by the police to aid investigations into allegations of rape and sodomy against Black Stars Captain, Asamoah Gyan.
However, the police, during a search at his residence, found substances that have been confirmed as weed.
After appearing in court last Friday for possession of narcotics, Ekow Micah was remanded into police custody to reappear on August 20, 2015.
Mr Adusei said the court’s decision to deny Ekow bail during first appearance on Friday, August 7, is normal.
He however disputes suggestions that narcotic offences are not bailable.
“Narcotic offences generally are not bailable but my view is that every offence is bailable. The reason is simply this, sometimes the ingredient for the offence which the person has been charged with maybe nonexistent and for that reason the court can grant bail in certain circumstances…” the legal practitioner observed.
“You remember Kwaw Kese case, when it came up everyone said it was non-bailable but subsequently he got bail on medical grounds,” he cited.
Mr Adusei added that one’s status in society cum the evidence and circumstance of the case 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 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”.
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