Thirty alleged Western Togoland separatists were re-arrested by the police yesterday after the Accra Circuit Court had discharged them.
This was after the prosecutor, Assistant Superintendent of Police (ASP) Sylvester Asare, had withdrawn the charge sheet containing treason felony charges against accused.
The prosecutor had amended the charge sheet five times before yesterday’s proceedings, causing counsel for accused to raise concerns about the abuse of their client’s rights.
A heated argument ensued between ASP Asare and Messrs Theophilus Donkor and George Asamani, when he (prosecutor) announced to the court he was withdrawing the charge sheet.
The lawyers raise the concern that accused would be re-arrested as soon as they stepped outside the court room.
Mr Donkor argued that the conduct of the prosecutor was unjust, unfair and unreasonable.
He told the court presided by Justice Emmanuel Essandoh, that the action of the police was not only a violation of the 1992 Constitution, but actuated by malice.
Mr Donkor stated that his clients were bread winners of their families, adding that some of them were sick and needed medical attention.
He reminded the court that the police had no basis to arrest accused again after they had spent three months in Bureau of National Investigations (BNI) custody.
Mr Donkor asked the court to assert the fundamental rights of accused and make consequential orders barring the police not to arrest accused.
Mr Asamani reminded the court of role of dispensing justice, and should prevent the abuse of the rights of accused.
On Tuesday, December 15, accused were granted GH 2.5 million bail. Each of them was granted GH₵100,000 bail with two sureties, who must earn a monthly salary of not less than GH₵4,000.
The accused, believed to be part of a group that wanted to declare the Volta Region as an independent state, were arrested in September for disturbing peace in the region.
BY MALIK SULLEMANA & GLORIA NISIAH MINTAH