The third point on the release by the joint Police, EOCO statement on the status of Nana Appiah Mensah, also known as NAM1, clearly gives an impression of the challenges that await the country, in respect to getting the gentleman to Ghana any time soon. Statements implies that Ghana has to wait till the final determination of the misdemeanor charges in the United Arab Emirate. This so again, because Ghana has no extradition treaty with the UAE.
It is also not certain, especially, should he be found guilty on charges of misdemeanor, that he will easily be handed over to Ghana. This is because a look at the available laws of the UAE, there are so many bottlenecks that will hinder the plan to have him in Ghana immediately.
According the government of Dubai, on their website; the circuits of misdemeanor cases consist of single judge while circuits of criminal cases consist of three judges presided by one of them. Decisions, orders and verdicts issued by this Court are enforced by Public prosecution. However, on October 24th, 2016, the UAE announced some changes to their penal code, allowing for higher, harsher punishments and immediate deportation in some cases. To wit; under the new rules, expats can no longer escape deportation AT THE END OF THEIR SENTENCE if found guilty of a crime. However, it will still be subject to the judge’s discretion for MISDEMEANORS. Deportation can also be immediate for certain cases, such as those found guilty of prostitution.
This means that if Nana Appiah is found guilty, based on which judge sits on the case and the level of diplomatic procedures Ghana would employ, he stands to finish serving his term on grounds of the misdemeanor charges, before the extradition conditions come to play.
CONDITIONS FOR EXTRADITION
Extradition to a foreign country may be requested for a person residing in UAE for the purpose of interrogating, prosecuting or executing criminal judgments against such person. In order to extradite persons from the UAE to a foreign country, the conditions set out in Article 7 of Law No. 39 have to be met.
- The crime that is the subject of extradition must be punishable under the law of the country requesting extradition (‘Requesting Country’) with a freedom restricting or custodial penalty of at least one year or any other severer punishment.
- The act for which extradition is required, if committed within the UAE, must constitute a crime punishable with a freedom restricting penalty for at least one year or any other severer penalty.
- If the matter subject of extradition pertains to execution of a custodial penalty, the remaining unexecuted penalty shall be no less than six months.
- If the act subject of extradition constitutes a punishable crime under the laws of the Requesting Country and UAE, it is irrelevant if the crime is listed under a different name or description or if the elements of the crime are different.
Where an extradition request involves multiple crimes, each of which is punishable under the laws of both UAE and the Requesting Country, the request to extradite may be granted in so far as one of the crimes meets the conditions for extradition, even if the other crimes do not.
In addition to the conditions stated in Law No. 39, more extradition obligations exist under the Riyadh Convention in respect of countries (and their nationals) that are signatory (‘Signatory Country’) to the Riyadh Convention. Article 40 of the Convention lists a category of persons in respect of whom extradition shall be obligatory. These include the following:
(a) Persons charged with committing acts punishable under the laws of each of the two Signatory Countries where both laws provides for a custodial penalty of one year or a more severe penalty.
(b) Persons charged with acts not punishable by the laws of the country from where extradition is requested (‘Requested Country’), or where the penalty for the offences under the laws of the Requesting Country has no equivalent under the laws of the Requested Country, provided [in either case] the person subject to the extradition request, is a national of the Requesting Country or a national of another contracting party whose laws provide for the same penalty as those provided by the laws of the Requesting Country.
(c) Persons convicted in person or in absentia by the courts of the Requesting Country where the crime requires a custodial penalty of one year or a more severe penalty, for acts punishable under the laws of the Requested Country.
(d) Persons convicted in person or in absentia by the courts of the Requesting Country who are not punishable by the laws of the Requested Country or who are subject to a penalty for which there is no equivalent in its laws, provided such individuals are nationals of the Requesting Country or of another Signatory Country that would apply the same penalty.
As noted above, Article 40(b) and 40(d) of the Riyadh Convention does impose an obligation on a Requested Country who is a Signatory Country (such as UAE), to extradite persons charged or convicted of acts that are not punishable by its laws, or for which there is no equivalent penalty, so long as such persons are nationals of the Requesting Country or of another Signatory Country that would apply the same penalty.
It is our hope at nwansina.com that the case at Dubai will be hastened so our security institutions in Ghana can have Nana Appiah brought to Ghana for the Ghana case to be rolled out.
Nana Appiah Mensah is due to court on February 2nd, 2019. We hope for the best for Ghana and the customers of Menzgold.
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