Did Dzamefe err in second oath swearing?

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GFA
Samson Lardy
1 hr ?

GFAPray – Kojo Anan does pure law and simply for my edification. “Now, this is interesting. I have never known that a witness who has sworn an oath at a previous sitting can be required to swear again at the adjourned sitting. You are simply “reminded of your former oath.” If the court or judicial or quasi-judicial body that administered the oath, had a problem with the choice by the witness of a holy object, that matter should have been resolved before he first swore the oath. But I find no legal provision, authority or known practice/procedure that necessitates the swearing of a second oath at a subsequent, adjourned sitting. Note that until the witness is formally discharged, he remains a witness of the proceedings. So why require a second oath?

But then again, may I ask, what is the real value of taking oaths before testifying in today’s world? Why do we still assume that the taking of an oath on a holy object (such as the Bible, Cross or Quoran) or making of an affirmation, will stop any witness from telling blatant lies? Years ago, Archibold wrote: “for a man who is capable of uttering a deliberate falsehood is in most cases capable of doing so under the solemn sanction of an oath.”

He adds “Section 7 of the Oaths Act says that “where an oath is duly administered and taken, the fact that the person taking it does not have a religious belief at that time does not for any purpose affect the validity of the oath.” And so let’s assume, eve for the purposes of our argument, that Kwesi wrongly swore on the Koran, and that he does not consider that an article of faith or holy object. IT DOES NOT AFFECT THE VALIDITY OF HIS OATH. Completely needless and pointless non-controversy and non-issue.”

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  • Alhassan Hudi Ziyat I agree with you fully
    51 mins ? Like
  • Barima Kwaku Bio Is oath-swearing by the Bible sanctioned by Christianity? Which is holy – the Word or the Book?
    28 mins ? Like
  • Kojo Anan Ankomah Barima Kwaku Bio, it is specifically sanctioned by section 5 of the Oaths Act.
    26 mins ? Like ? 1
  • Kofi Owusu Mensah Legal tutorials for free:thumbs up lawyer
    22 mins ? Like
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