My Brother Caused a Fatal DUI — I Refused to Lie For Him in Court

My Brother Caused a Fatal DUI — I Refused to Lie For Him in Court

The courtroom went so quiet I could hear the fan ticking above our heads. My brother sat at the defence table, jaw clenched, eyes fixed on me like a warning. The judge leaned forward. The prosecutor lifted a phone record and asked, "When you spoke to Kojo minutes before the crash, did he sound drunk?"

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I had practised a safer answer all week. Something soft. Something vague. Something my mother could live with.

But my throat tightened anyway, because I could hear Kojo's voice in my head, thick and sloppy, laughing at nothing. I could smell the whisky he insisted did not count because he had eaten. I could see the way he had shrugged off my concern like I was being dramatic.

Behind Kojo, my family filled the benches. Mum folded her hands in prayer. Dad stared at the floor like the tiles might open and swallow him. Auntie Mansa, the one who always fixed everything, kept mouthing, "Please."

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Kojo turned his head just enough to meet my eyes. It was not a plea. It was a demand, the same one he had made our whole lives. "Help me; Save me. Make this go away."

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And then I saw the victim's mother, alone on the other side, clutching a framed photograph with both hands. Sleepless nights carved her face. She did not glare at me. She did not beg. She only watched, as if my answer was going to decide whether her son still mattered in this room.

The bailiff's voice cut through the silence. "Witness, you must answer."

I swallowed, and I realised there was no safe answer anymore.

Kojo has always lived as though other people spread consequences like rumours.

But let me take you back. We grew up in Kumasi, in a loud house where everyone knew everyone's business. Kojo was the golden boy. He could charm teachers, neighbours, and even police officers. If he broke something, he smiled. If he hurt someone, he apologised beautifully. The apology was always the performance, not the change.

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My parents worked hard and kept the family name clean because they believed it mattered. When Kojo got into trouble, they cleaned it up. When he failed a class, they argued with the school.

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When he crashed Dad's car at nineteen, they called it an accident and told the neighbours the road was bad. When he got into fights outside clubs, my auntie handled the calls, the fees, the conversations.

I learned early that the family system had a role for me too: be reasonable, be the calm one, do not make things worse. If Kojo needed a lie, we supplied it. If he needed money, we pooled it. If he needed a second chance, we dragged it out of thin air.

As I got older, the weight of that pattern pressed on me. I moved to Accra after university and took a job in a small logistics firm around Dzorwulu. I rented a one-bedroom chamber and hall, paid my bills on time, cooked simple meals, and built a quieter life where nobody expected me to cover for anyone.

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Distance helped, but it never erased Kojo. He called when he needed something and sounded offended when I did not rush. He visited and turned my calm home into a temporary party, leaving empty bottles in the sink and jokes in the air like smoke.

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I told myself it was manageable as long as I kept boundaries. I thought the worst I would ever face was another request for cash, another family argument, another lecture about loyalty.

Then, on a Friday night in August, Kojo called me from a spot near Adum. My phone lit up with his name, and I answered with that old reflex in my chest, the one that whispered, Brace yourself.

Kojo was loud before he even spoke, as the bar's music had climbed into his throat.

"Esi!" he shouted. "You will not believe this place!"

"Kojo, it's late," I said. "Where are you?"

"Adum," he replied. "We're chilling small."

My stomach tightened. "Are you driving?"

He laughed, too loose. "Ei, you worry too much. I'm fine."

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"What have you taken?"

"I'm celebrating," he said, words dragging. "I landed a deal. The boys said we must toast."

"How much?" I pressed.

He clicked his tongue. "I'm not a child."

"Answer me."

"Just a few," he said fast, then added, like it settled everything, "And I ate fufu."

"That's not how alcohol works," I said. "Please call a Bolt. Or sleep there. Don't drive."

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He went quiet, and that silence told me he had already decided. He wanted permission.

"Listen," he said, lowering his voice. "I can see straight. The road is clear. This is nothing."

"Kojo, I'm serious," I said. "Don't do this."

"I said I'm fine," he snapped. "Why can't you support me for once?"

Support. In our family, it meant cover.

"I support you by telling you not to hurt someone," I said. "If you drive, I'm not cleaning it up afterwards."

"This is not about you," he scoffed. "Relax. People drive all the time. These things happen."

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"They don't just happen," I said. "People choose them."

He muttered something I could not catch, and the call cut off.

I lay there staring at the ceiling, heart banging. For a moment, I thought of calling Mum, but I pictured panic and the familiar rush to manage him. I told myself Kojo would slip out of trouble and wake up laughing.

At 2:17 a.m., my phone rang again: an unfamiliar number.

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"Hello?" I croaked.

"Is this Esi Mensah?" a man asked.

"Yes."

"This is Officer Asare from the Motor Traffic and Transport Department," he said. "Your brother, Kojo Mensah, has been in a road accident."

My mouth went dry. "Is he alive?"

"He is in custody," the officer said. "But there is… a fatality."

The word fatality hit like a stone. My hands started shaking before my mind caught up.

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By morning, the basics were apparent. Kojo had driven off after the bar. A young man named Kwaku Owusu, twenty-six, was struck near a junction. There were witnesses, and a breathalyser result that Kojo's lawyer started disputing.

When I finally spoke to Kojo, he sounded offended, not broken.

"He came out of nowhere," he insisted. "I wasn't even drunk. The police are exaggerating."

My parents travelled down within hours, faces swollen with shock. Mum called me crying. "Please, Esi. We need you."

"For what?" I asked.

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"For Kojo," she whispered.

Then the subpoena arrived.

Mr Agyemang, his lawyer, called me that afternoon. He said the case was "sensitive" and asked me to keep my answers short and careful. That night, at Mum's guesthouse in Bantama, my relatives rehearsed sentences with me, as if truth was a costume we could swap. I nodded, but my stomach kept turning all night.

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Because Kojo had called me minutes before the crash, both sides wanted my voice. The prosecution inquired what I heard. The defence wanted something they could reshape.

The coaching started immediately.

"Just say he sounded normal," Auntie Mansa told me. "He is your brother."

Mum added, "It was an accident. Don't let strangers take him."

Dad did not argue. He just sent money for my transport.

And Kojo sent one message that made my skin prickle.

You know what to do.

On the morning of the hearing, I sat outside the courtroom at the Accra High Court, watching people walk past with files and tired faces. Everything smelled like dust and old furniture. I kept rubbing my palms on my skirt, trying to wipe off sweat that wouldn't go away.

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Kojo's lawyer, Mr Agyemang, greeted me as if we were on the same team. "Esi," he said warmly. "Just answer what you know. Keep it simple."

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He meant, Keep it helpful.

When I finally took the stand, the oath felt heavier than I expected. I lifted my right hand and promised to tell the truth, the whole truth, and nothing but the truth. The words tasted plain, but they cut through every family rule I had ever learned.

The prosecutor, Madam Boafo, began gently. She asked about my relationship with Kojo, how often we spoke, and whether I recognised his voice.

Then she moved to the call.

"Did your brother call you on the night of the incident?" she asked.

"Yes."

"At approximately what time?"

"Just after midnight," I said, hearing the clock in my mind again.

"What was his mood?"

I hesitated. "He sounded excited."

"Was he sober?"

My body wanted to say yes. I felt it like a reflex, like my tongue knew the family script better than my brain did.

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But then I remembered the sound of his laughter, the way he had snapped, the way his words had slid into each other. He said, "These things happen," as if death were a weather forecast, and I remembered it.

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I looked at Kojo. His eyes were hard. Not fearful, not ashamed, just hard.

And in that moment, something in me flipped. I realised the lie would not only protect Kojo. It would erase Kwaku. It would turn a young man's death into a convenient misunderstanding. It allowed my brother to keep living as if consequences belonged to other families. Madam Boafo asked again, but now more slowly.

"Under oath, Esi, did he sound intoxicated?"

My chest tightened. I thought of Mum's prayer hands. I thought of Dad's silence. I thought of Auntie Mansa's instructions.

Then I thought of Kwaku's mother, clutching that photograph as if it were the last solid thing she owned.

"Yes," I said. "He sounded drunk."

The courtroom shifted, almost physically.

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Kojo's lawyer stood up so fast his chair scraped. "My Lord, objection," he snapped. "Speculation."

The judge looked at me. "You may describe what you heard," he said.

So I did.

I described the slurred words to them. The laughter that did not fit. The sudden anger. The reckless confidence. I repeated Kojo's exact line: "The road is clear. This is nothing."

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When the defence cross-examined me, Mr Agyemang tried to bend my answer into something softer.

"Esi," he said, smiling like an uncle, "you are not trained to identify intoxication, correct?"

"I'm not," I said.

"And you were not with him physically."

"No."

"So you cannot be certain."

"I can be honest about how he sounded," I said.

He leaned closer. "Is it possible you were simply annoyed with your brother? That you interpreted his tone as drunkenness because you disapprove of his lifestyle?"

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My stomach turned, but I held my ground. "I disapprove of him driving after drinking," I said. "That night he sounded like he had been drinking."

Kojo stared at the table now. For the first time, he looked smaller. Not innocent, not pitiful, but exposed.

After I stepped down, Mum did not look at me. Dad walked past as if I were a stranger. Auntie Mansa whispered, "How could you?"

Outside the courthouse, Kojo finally spoke to me. Two officers stood nearby, but he still managed to make me feel like I was twelve and in trouble.

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"You've always wanted to punish me," he said, voice low.

"I wanted you to take a Bolt," I replied.

"You think you're some hero," he spat. "You sent me to Nsawam."

"I did not drive that night," I said, and my voice cracked. "I did not hit Kwaku."

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His face twisted, and for a second, I saw something like fear. Then it hardened again. "Family does not do this," he said.

I walked away before I could change my mind.

In the weeks that followed, the family treated me like an infection. Mum called only once, not to ask how I was, but to say Kojo was "not coping" and that my testimony had ruined their strategy. Dad sent a message telling me to pray for forgiveness.

At night, I replayed my words on the stand until my head hurt. I carried guilt because I broke a rule I had lived by for years. I welcomed relief, quiet and sharp, because for the first time, I refused to help Kojo escape.

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I did not celebrate. There was nothing to celebrate. A man was dead. A family broken. And mine was cracking too.

But I had told the truth.

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Now I live with distance. I answer fewer calls. I visit Kumasi less. I keep my Accra life small and steady, because the old chaos still tries to pull me back.

Some days, I miss the illusion of unity. Some days, I breathe easier without it.

People talk about loyalty as if it were always noble. In my family, loyalty was a broom. We used it to sweep harm out of sight so we could keep walking.

For years, I confused peace with silence. I thought if I stayed calm, if I moved away, if I avoided conflict, I could live outside Kojo's storms. But storms travel. They follow the people who create them, and they soak everyone nearby.

The night Kojo called, I tried to do the right thing quietly. I warned him. I begged him. I threatened boundaries. Then I went back to sleep and told myself he would choose sense, because admitting otherwise was terrifying.

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When Kwaku died, I understood something I had avoided for a long time: protecting Kojo was never neutral. Every time we cleaned up his mess, someone else paid. Sometimes the payment was small, like money or embarrassment. This time, the payment was a life.

Telling the truth did not make me brave. It made me honest. It did not bring Kwaku back. It did not heal his mother. It did not transform Kojo into a better man overnight. It simply refused to erase what happened.

I still love my brother. Love does not vanish because you speak the truth. But love without boundaries becomes permission, and permission can kill.

My family raised me to believe honesty is betrayal, so I carry guilt. I take relief because my conscience finally has room to breathe. I have grief for a man I never met, whose name I now whisper in my prayers: Kwaku Owusu.

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If someone you love harms others, what does loyalty demand from you? Is it protecting them from consequences, or protecting everyone else from the next disaster?

This story is inspired by the real experiences of our readers. We believe that every story carries a lesson that can bring light to others. To protect everyone's privacy, our editors may change names, locations, and certain details while keeping the heart of the story true. Images are for illustration only. If you'd like to share your own experience, please contact us via email.

Source: YEN.com.gh

Authors:
Chris Ndetei avatar

Chris Ndetei (Lifestyle writer) Christopher Ndetei is a writer who joined the Yen team in May 2021. He graduated from Machakos Technical College in 2009 with a Diploma in ICT and has over four years of experience in SEO writing. Christopher specialises in lifestyle and entertainment coverage, with a focus on biographies, life hacks, gaming, and guides. He has completed the AFP course on Digital Investigation Techniques (2023) and earned the Google News Initiative Certificate (2024). In recognition of his work, he was named Yen Writer of the Year in 2024. You can connect with him via email at chrisndetei@gmail.com.