The Court of Appeal will on Wednesday, November 6, 2019, hear an application in which Mr Samuel Ofosu Ampofo, Chairman of the National Democratic Congress (NDC), is seeking to overturn the decision of a High Court.
The applicant is challenging the High Court’s ruling to dismiss an application to strike out the charges against him.
Mr Ampofo and Mr Kweku Boahen the Deputy Communications Director of the NDC, have been charged with conspiracy to cause harm and assault of public officers.
They all pleaded not guilty to the charges against them, and are currently on GH¢100,000 bail each, with a surety.
On July 30, the High Court dismissed an application to strike out the charges against the NDC chairman.
But, counsel for Mr Ampofo, Tony Lithur, filed an appeal to overturn the decision of the High Court.
Meanwhile, a motion seeking to strike out the audio recording evidence against the NDC Chairman at the High Court is yet to be moved because of the pendency of the appeal at the Court of Appeal.
The motion is challenging the invasion of Mr Ampofo’s privacy.
In the earlier ruling on the application to strike out the charges against the NDC chairman, the court presided by Justice Samuel Asiedu, took the view that the application lacks merit.
Mr Lithur, argued that the charges against his client were defective, and contended that prosecution should be made to provide particulars of the charges.
Mr Asiamah Sampong, a senior state attorney, opposed the application, saying it was vexatious, unmeritorious and abuse of the court process.
The trial of the duo was set to begin on July 8, 2019, however, Mr Asiamah, prosecuting, told the court that the witness was indisposed.
The facts are that the accused were arraigned on April 16 for allegedly inciting communicators of the party to attack the chairperson of the Electoral Commission, and the chairman of the National Peace Council.
They were said to have been secretly recorded on their plot of attack, on the target persons in an audio, which has since gone viral.
Mr Lithur told the court that his client could not speak about the alleged leaked tape because it was doctored.
He said the invasion of his client’s privacy relates to the constitutional breach of Mr Ampofo’s rights.
Dr Bamba, counsel for Mr Boahen, said his client denied the charges filed against him, and added that Mr Boahen was innocent until proven guilty by the court.
The counsel contended that the charges against the Deputy Communications Officer of the NDC were not grounded in law.
Miss Gloria Akuffo, the Attorney-General and Minister of Justice, then prosecuting, said Mr Boahen faces only a charge of conspiracy to cause harm, while his colleague was charged with all the three counts.
The case has been adjourned to November 11.
BY MALIK SULLEMANA