Legal practitioner Alagskomah Eugene has called for a careful balance between the right of the accused to a fair hearing and the need to secure justice and safety for alleged victims in the sexual misconduct case involving the suspended headmaster of Obuasi Senior High Technical School (SHTS), Zakaria Abdulai.
In a statement addressing public debate on the matter, Alagskomah stressed that the legal process must be allowed to run its course without bias toward either side. “While the accused has a right to a fair hearing, we must also consider the victim’s safety and justice. In striking a balance, we ought not to be biased towards either side. That is why I say the proper approach is to allow the legal process to have its say,” he said.
He warned against letting emotion toward alleged victims undermine the accused’s rights, while cautioning that protecting the right to a fair hearing should not ignore practical evidentiary challenges, particularly medical proof in sexual offence cases.
Alagskomah noted that the Ghana Education Service (GES) interdiction and suspension of Zakaria Abdulai is an administrative step that does not prevent parallel criminal proceedings. The GES can investigate workplace misconduct and impose sanctions such as interdiction, suspension or dismissal, while the police and courts handle any criminal liability. The two processes can proceed concurrently without necessarily prejudicing the defence, he said.
On medical evidence, he observed that a medical report is often crucial in sexual offence trials. Signs such as abrasions or other physical indicators may fade if examination is delayed. While a time lapse in reporting does not automatically defeat a charge, the prosecution must still produce cogent evidence to prove the case beyond reasonable doubt. The absence or lateness of a medical report makes that task more difficult, he added.
Alagskomah also highlighted the importance of hearing the accused’s side. Much public commentary so far has focused on accounts from alleged victims reported by investigative journalist Manasseh Azure Awuni. “The accused should be given the platform to present his account and to test the evidence against him. This is the essence of fair hearing,” he stated.
He pointed to the Eric Asante v The Republic case as a cautionary example. Eric Asante was convicted of defilement by the High Court in September 2005. His appeal failed at the Court of Appeal, but the Supreme Court acquitted him on 26 January 2017 after he had spent more than 13 years in custody. He was later awarded compensation in 2018. Alagskomah said the case shows the danger of sacrificing fair hearing safeguards for public emotion.
Zakaria Abdulai was interdicted by the GES on 14 October 2026 following a directive from Education Minister Haruna Iddrisu. The minister also referred the allegations of sexual misconduct involving female students to the Criminal Investigations Department of the Ghana Police Service. The GES has described the interdiction as pending a full-scale investigation, and a complaint has been lodged with the police. Administrative and criminal processes are continuing separately.
Alagskomah concluded that Ghana’s criminal justice system must be applied with fidelity to its safeguards. When the law is given its proper force, he said, the value of those protections becomes clear.
by Gayheart
source: Mybluewavesonline.com/Maurice Duncan/Bolgatanga
