An Accra High Court has reversed a bail granted Gregory Afoko, one of the suspects being prosecuted over the murder of former Upper East Regional Chairman of the New Patriotic Party, Adams Mahama.
The court had earlier in March 2019 granted the suspect bail to the tune of GHc500,000 but the state ignored the court’s ruling and continued to hold the suspect in custody for about three months.
The decision of the court follows an application made by the Attorney General represented in court by Chief State Attorney, Marina Appiah Opare on Monday.
According to madam Appiah Opare, Mr. Afoko will not show up for trial if the court does not rescind the bail granted him over three months ago by a different High Court judge.
The application was opposed by lawyers for Mr. Afoko who reminded the court that another High Court judge had assessed the facts of the matter and ruled that Mr. Afoko should be granted bail.
They also described the application by the State as amounting to ambush litigation aimed at frustrating a man who is “helpless and powerless.”
One of the lawyers, Steven Sowah Charway, said despite the earlier bail ruling, the State had not allowed Gregory Afoko to even enjoy a second of freedom.
He informed the court that there are a number of pending cases relating to the bail issue.
He said some of the cases related to a contempt ruling against the IGP and CID boss slated for July 22 and an appeal filed by the state at the Court of Appeal seeking to set aside the bail.
He said the State should have taken the case to the same judge who granted the bail earlier and not a new court.
But Justice Merley Wood said based on the facts presented to her, the bail is rescinded.
She adjourned the case to Wednesday, July 17, 2019 for the trial to commence.
AG didn’t err in discontinuing Gregory Afoko case – Supreme Court
The Attorney General on January 28, 2019, filed a nolle prosequi to discontinue an earlier trial following the arrest of another suspect, Asabke Alangdi, who had been on the run since the incident occurred in 2015.
Afoko and Alangdi have since been put before Court.
Gregory Afoko, who is facing trial for the murder of then Upper East New Patriotic Party (NPP) chairman, Adam Mahama, went to the Supreme Court to challenge the fairness of the decision to discontinue the trial which he said was almost at the tail end.
In his writ invoking the original jurisdiction of the Supreme Court, Afoko sought a declaration that the nolle prosequi filed by the A-G on January 28, 2019 was a violation of articles 23 and 296 of the 1992 Constitution and must, therefore, be declared as “unconstitutional, null and void”.
Afoko was also seeking an order nullifying the nolle prosequi and for “the High Court to continue to hear the case to its legal conclusion”.
But the Supreme Court earlier ruled that the Attorney General did nothing wrong in discontinuing the prosecution of Gregory Afoko at the High Court.
According to the court, the plaintiff failed to prove that the Attorney General was unfair and unreasonable while exercising its constitutional powers.
But one of the judges, Justice Gabriel Pwamang in his concurring judgment said, going forward, the Attorney General must be more transparent in exercising such powers as it may have some consequence on public confidence in the criminal justice system.
Afoko case: Court adjourns IGP, CID boss contempt case to July 22
The contempt case against the Inspector General of Police (IGP), David Asante Apeatu and Director General of the Criminal Investigations Department (CID), COP Maame Yaa Tiwaa Addo-Danquah has been slated for July 22, 2019.
