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Legal scholar and US-based law professor Kwaku Asare (popularly known as Kwaku Azar) has called on the Office of the Attorney General to immediately appeal the recent judgement by the High Court (Appellate Division), which drastically reduced the prison sentence of Patricia Asiedua Asiamah, popularly known as Nana Agradaa.
The former fetish priestess and self-styled evangelist was originally sentenced to 15 years in prison by a Circuit Court for defrauding by false pretences and charlatanic advertisements.
However, following an appeal, the sentence was slashed to one year, a move Prof. Asare argues replaces established legal principles with "personal philosophy and metaphors".
The Nana Agradaa case centred on a money-doubling scam where she used a television platform to lure victims into donating money under the guise of receiving multiplied returns. The trial court found her guilty, citing a lack of remorse and the predatory nature of the crime.
In a controversial reversal on Thursday, February 5, the appellate judge described the 15-year term as killing a mosquito with a sledgehammer, citing the relatively small amount of money (GH₵1,000) involved in the specific charges as a reason for leniency.
In its decision, the court upheld her conviction but exercised its discretionary powers to review the sentence.
The court concluded that while the offence justified a custodial punishment, the initial 15-year term with hard labour was disproportionate to the circumstances of the case.
The Court also fined her 200 penalty units, which amounts to GHS2,400.
The revised sentence is to take effect from the date of her conviction on July 3, 2025. This means Nana Agradaa will serve a total of 12 months in prison.
In a post on Facebook on Friday, February 6, Prof. Asare outlined five critical areas where the appellate court allegedly erred, arguing that the reduction creates a dangerous void in the justice system.
For Prof. Asare, the case is about more than Nana Agradaa; it is about the integrity of Ghana’s judicial system. He warned against creating an impression that high-profile individuals receive different treatment.
"Justice is not about extremes. It is about balance," Professor Asare concluded. "Turning correction into leniency was wrong."
Prof Asare's Five Reasons Why the Judgment is Flawed
1. Replacing Law with Personal Opinion
Prof Asare contends that the appellate court overstepped its bounds. Rather than proving the trial court abused its discretion, the judge reportedly relied on Bible verses, reflections on pastors and prophecies, and personal discomfort.
"Courts punish crimes using law, precedent, and principle; not sermons, metaphors, or personal philosophy," Professor Asare noted.
2. Confusing Fear with Remorse
The appellate court cited Agradaa’s inability to sleep and her lawyers' plea that she has young children as signs of remorse.
Prof. Asare argues these are merely pleas for mitigation, not genuine repentance.
By reducing the sentence to 12 months, the court ignored the "deliberate fraud and abuse of religious trust".
3. The Arithmetic of Fraud Fallacy
The judge calculated that the original sentence equated to one year in prison for every ₵100 stolen. Prof. Asare slammed this reasoning, stating that fraud is not judged solely by the amount but by the breach of trust and the prevalence of the offence.
4. Weakening National Deterrence
By imposing what Prof. Asare calls a "near-token punishment", the court sends a signal to other scammers that they can target many vulnerable people for small amounts and receive only a short prison stay.
This, he argues, protects the criminal rather than society.
5. Setting a Perilous Precedent
The judgment risks lowering the bar for fraud cases across Ghana.
Future defence lawyers will likely cite this case to argue for light sentences whenever the monetary value of a scam appears low, regardless of the emotional or social damage caused.
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