Legal practitioner, Gary Nimako says that the law cannot implicate hiplife artiste Kwaw Kese simply based on his utterances that he smokes weed.
On Tuesday, the artiste was on the Cosmopolitan Mix with Doreen Andoh on Joy FM when he admitted openly that, he still smokes ‘weed’.
This statement raised a lot of eyebrows because, in 2015, the artiste was arrested by the police and jailed a day, for possessing the illegal drug in question.
However, Mr Nimako speaking to MzGee on the Hitz @1 on Hitz FM, was of the opinion that some concrete evidence would have to be obtained in order to pin on the musician any offense.
“When he is picked up, two things can happen, he can say it’s a mere puff because you will not at that time find him with any weed or narcotic substance at the time that you pick him up. So even the evidence that you require to prove your case will be wanting,” he explained.
The legal practitioner added, “The second leg of the argument is that, when you even pick him up and you find any substance on him, you cannot make any concluding statements that that substance you found on him, is by itself any narcotic substance or it’s weed.”
According to him, “It must go through a laboratory to be tested and a proof of same must be put before the law court, that 'the substance we tested was weed' which is a prohibited substance and which we found on him at the time (that he made those utterances).”
Nevertheless, Mr Nimako believes that the musician, who is currently promoting his new song ‘Envy’, may be invited by the privileges committee of Parliament on the count of defamation or sued for defamation.
This comes in the wake of the musician’s claim that he knew some legislators who also smoke the illegal substance.
“That will find a court of action in what we call defamation. If you say you know members of parliament who smoke, he has a point to come and name the parliamentarians whom he knows are smoking and if for some reason Parliament thinks that the conduct itself is in contempt of Parliament or it's offensive, they can invite him to come and show to Parliament who and who he knows in Parliament are smoking weed,” he stated.
The lawyer advised that, people be careful in their utterances especially towards institutions of the state, as having the rights to free speech does not allow for irresponsible speech.