Augustine Obour, a private legal practitioner, has explained that Rev. Obofour and the purported wee smoker cannot be arrested and prosecuted because there is no evidence to prove the case, ABC News can report.
The legal practitioner avered that the criminal law in Ghana not only criminalizes the possession and smoking of marijuana(wee), smoking the said substance in public places is also considered illegal.
In a viral video that seemed to have been taken during a church service of Reverend Obofour, the pastor is heard and seen commanding a member of his congregation who smokes ‘wee’ to step forward and take a few puffs before the gathering.
Speaking to the case in question, however, Augustine Obour was emphatic that the pastor and the purported wee smoker cannot be arrested by the police. He added that no prosecutor will be interested in prosecuting this case.
Speaking in an interview monitored by ABC News, the lawyer explained that in this instance where the said substance has already been smoked, it will be a herculean task for the prosecution to actually prove that the said substance is indeed wee.
“The law we practice in Ghana does not allow one to possess wee and movement about with it for everybody to see. That is why many at times those who smoke wee do so in secret. Police have the right to arrest and charge the smoker if it is done in public. Police can easily arrest if the culprit is caught in possession with the drug. With the current issue at stake, the wee has already been smoked and therefore if the police come in, the wee is no longer in existence. Now that the wee is longer in existence, it will be very difficult to prove whether the substance smoked was wee or not in the realms of the law. This means that the smoked substance will be very important and needful in such a case.
But strictly speaking, as dictated by the law, no one has the right to possess and smoke wee and not to talk of smoking it in public. Maybe what the pastor used in his ministry is different and it is no longer inexistent hence the police cannot arrest him. The best time that he was supposed to be arrested was when the smoker brought out the purported wee from his pocket. Moreover, if it is really proven the substance was wee, then they would have been at the wrong side of the law. But now that the substance has been smoked and gone, he is lucky today”, he explained in an interview with Peace FM.
Watch the full video below: