Extradition hurdles may complicate prosecution in viral explicit video case -Lawyer
Private legal practitioner Noah Adamtey has weighed in on the controversy surrounding a foreign national accused of sharing explicit videos involving Ghanaian women, stating that prosecuting the matter may not be as straightforward as many assume.
Speaking on Accra 100;5 FM's mid-day on Friday, February 13, the lawyer explained that the issues surrounding the viral videos must be examined in stages to determine whether Ghanaian laws have indeed been breached.
According to him, the first issue to consider is the sexual relationship itself.
He noted that under Ghanaian law, sexual activity between consenting adults is not a criminal offence.
“The law only comes into play where there is a lack of consent,” he clarified.
From the videos circulating online, he said, there is currently no evidence suggesting that any of the women involved were forced into the act.
However, lawyer Adamtey stressed that the situation changes when it comes to the distribution of pornographic or sexually explicit material.
He pointed out that Ghana’s laws, including provisions under the Cybersecurity framework, prohibit the publication and circulation of explicit content.
“The moment such content is shared online, it raises legal concerns,” he stated.
He further explained that if the videos were recorded or distributed without the consent of the women involved, that could also constitute a criminal offence under Ghanaian law.
Despite this, the lawyer noted that jurisdiction presents a major challenge.
If the individual shared the content while outside Ghana, prosecuting him becomes more complicated.
“We must determine where he was when he posted the videos,” he said.
“If he were not in Ghana at the time, it would be difficult for Ghanaian authorities to exercise direct control.”
He added that extradition would only be possible if Ghana had an existing extradition treaty with the country where the suspect currently resides.
Without such an agreement, convincing a foreign government to arrest and hand over the individual would be challenging.
“In situations where there is an extradition arrangement, Ghana can formally request the person’s arrest and transfer to face justice,” he explained.
“But if there is no such agreement, especially in countries without extradition ties to Ghana, the process becomes extremely difficult.”
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