Carlos Ahinkurah just like any other Ghanaian is not above the law and the President and Carlos can not decide that asking the MP and deputy minister to resign and he acting same is enough punishment for his offense. Equality before the law is required and equity must apply in his case. Below is the view of Agyei Williams a legal consultant on whether Carlos Ahinkurah must only resign or be prosecuted.
Agyei Williams writes:
Section 78(b) of our criminal code:
A person is under a duty for preventing harm to another person if the first-mentioned person is otherwise under a duty, by virtue of an enactment, or by virtue of an office or employment, or by virtue of a lawful order of a Court or person, or by virtue of an agreement or undertaking, to do an act for the purpose of averting harm from a person, whether ascertained or unascertained.
When you are told by a qualified doctor to self isolate yourself for the purposes of not spreading COVID -19 (a harmful virus), such an order imposes a legal duty on you not to engage in any act which puts others at the risk of harm (infection).
Not every person can tell you to self isolate yourself, but rather, if a doctor tells you to self isolate, that’s enough grounds for such instruction to be considered as order more importantly when you are the carrier of the said harm.
Your consent or approval to the doctor’s instruction or order is irrelevant.
Going to fix a machine at a polling station is not justifiable enough even if you were the chairman of the EC or IT director.
Secondly, the Law must not thank you or praise you for being so careful and diligent in breaking that same Law or order.
The law is not there to punish only when there is actual harm but a mere possibility of such harm occurring is enough grounds to sustain a punishment.
This public right (self-isolation if infected) is enjoyed when you don’t move among that same public. (not moving is an act, not an omission)!
There is no excuse provided for by the law for you to join the public.
You cannot even go out to save a dying man who is in public. You cannot break one law to excite another “law”
Let’s take laws seriously in this country.
Whether he will be prosecuted on this, is a BIG MAN syndrome.
YOU MAY DISAGREE