Private legal practitioner Nana Yaw Osei has called on Ghanaians to avoid reacting emotionally to the Court of Appeal’s decision to acquit and discharge former MASLOC Chief Executive Officer Sedina Tamakloe, urging the public to first study the judgment before forming opinions.

In a post on Facebook, Mr Osei stressed that every convicted person has a constitutional right to appeal and that an appeal can either succeed or fail.

According to him, the Court of Appeal simply exercised its mandate by hearing Sedina Tamakloe’s appeal and unanimously ruling in her favour.

“Appeals, once mounted, have two outcomes: lose or win. Sedinam Tamakloe, per the Court of Appeal, has won her appeal,” he wrote.

Mr Osei encouraged the public to read the judgment, particularly from page 45 onwards, rather than relying on commentary from others.

“I entreat you to attempt a read of the judgment yourself (from page 45 onwards). No ‘by-heart’ commentary biara,” he stated.

He explained that the appellate court’s decision centred on the legal principle relating to the burden of proof in criminal cases, maintaining that it is the prosecution’s responsibility to establish guilt beyond reasonable doubt.

Quoting the decision in Commissioner of Police v. Isaac Antwi [1961] GLR 408 at page 412, he noted:

“The law is well settled that there is no burden on the accused. If there is any burden at all on the accused, it is not to prove anything, but to raise a reasonable doubt. If the accused can raise only such a reasonable doubt, he must be acquitted.”

Mr Osei said the Court of Appeal concluded that the prosecution had failed to discharge that burden and was unable to prove the essential ingredients of the offences against the former MASLOC boss.

“Reading the judgment, the Court of Appeal was of the view that the prosecution could not prove the ingredients of the offences charged,” he said.

While acknowledging that the ruling has generated political debate, the lawyer urged commentators to familiarise themselves with the court’s reasoning before drawing conclusions.

“For now, you may continue with your political commentary, but make sure you have attempted a good read of the Court of Appeal judgment. The decision was unanimous,” he added.