Former State Prosecutor, Augustine Obour has questioned how the Electricity Company of Ghana (ECG) intends to charge customers who steal power with theft.
He said the ECG doesn’t have the means to ascertain the quantum of power it loses through theft.
Speaking in an interview on Joy FM’s Top Story on Wednesday, Mr. Obuor said, “If you have to charge somebody for a criminal offence, you must go through the offences and you must prove the guilt of the person charged beyond reasonable doubt.
“Normally, electricity matters, I wonder how they will prove it – illegal connection. They don’t have any means to ascertain what is missing and sometimes I wonder how people could do it, sometimes the workers themselves to do it,” he said.
He said since some of the staff of ECG aid in the illegality, the accused person can argue that he/ she is not aware of the illegality.
This comes after ECG's resolution to prosecute customers who are found stealing power.
According to the Managing Director of the ECG, Samuel Mahama, the ECG is building dockets on those who have stolen power.
According to him, thanks to the Chief Justice, Justice Annin Yeboah’s introduction of the Utility Court, cases involving people who are engaging in power theft will be brought before the court for severe sanctions.
The Lawyer said the ECG will be aiming for full custodial sentences for people engaging in power theft as opposed to the current fine regime. He argued that power theft is theft and should attract equal punishment.
Law Lecturer stressed that the main challenge lies with proving the guilt of the person.
“What is missing? How much? How did the person steal it? Is it something that your staff contributed? What happened? They are a lot – charging is very easy. It is only one part of it ….. What is missing comes back to you, you must prove that,” he said.
He added that a fine is better and advised ECG to stick to that since it will help them recover their lost funds.
According to him, the ECG has to come up with a modernised process or system to detect illegality.
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