Gregory Afoko one of the men alleged to have conspired to kill the Upper East Regional Chairman of the New Patriotic Party (NPP), Alhaji Adams Mahama, in 2015 has filed an application at the Supreme Court challenging the revocation of his bail by the High Court.
On March 14, 2019, another Accra High Court, presided over by Justice George Buadi, admitted Afoko to bail in the sum of GhȻ500,000 with two sureties, one of whom must to be justified.
That was after his lawyers had argued that their client deserved to be granted bail because the state was not ready to prosecute him.
The defence premised their argument on a nolle prosequi filed by the Attorney-General on January 28, 2019 to discontinue Afoko’s trial after more than three years of trial.
Following the arrest of Asabke Alangdi, the other person alleged to have conspired with Afoko to allegedly commit the murder, the A-G filed the nolle prosequi.
However, on July 15, another High Court, presided over by Justice Merley Afua Wood, a Justice of the Court of Appeal sitting as a High Court judge rescinded that bail that was granted to Afoko.
The court that is hearing the fresh case rescinded the bail after upholding the arguments by the prosecutor, Ms Marina Appiah Opare, a Chief State State Attorney.
The Chief State Attorney argued that the circumstances under which Afoko was granted bail had changed.
She argued further that, the other High Court granted Afoko bail on the basis that the state was not certain as to when to start prosecution.
She contended that the state has completed the committal proceedings and commenced trial quickly after the nolle prosequi was filed.
She further argued that looking at the nature of the case, and the expected punishment, there was the likelihood that Afoko may not appear before the court to stand trial if the bail was not rescinded.
Justice Wood agreed with the prosecutor, rescinded the bail.
In court on Friday, October 25, it emerged at the court that lawyers of Afoko have filed a Certiorari application at the Supreme Court challenging the revocation of the bail.
He is also seeking a prohibition to stop the judge from hearing his case because he belives the trial judge would not be fair to him.
The court said due to the pendency of that application at the Supreme Court, the case has been adjourned to November 8, 2019.
A seven member Jury has been empanelled.
Background
Alhaji Mahama suffered severe bodily injuries after a substance suspected to be acid was allegedly poured on him in front of his house in Bolgatanga on May 20, 2015.
He later died from the injuries at the Bolgatanga General Hospital.