Lawyers for Samuel Ofosu Ampofo, the National Chairman of the National Democratic Congress (NDC), have asked the Commercial Division “One” of the Accra High Court to strike out the assault charge against him.
The accused is in court for allegedly inciting communicators of the party to attack Chairperson of the Electoral Commission, and Chairman of the National Peace Council.
Mr Ampofo and his alleged accomplice, Anthony Kweku Boahen, a Deputy Communications Director of the NDC, pleaded not guilty to all the three counts of conspiracy to cause harm and assault to public officer, and they were granted GH¢100.000 bail with a surety each.
Lead counsel for the NDC Chairman, Mr Tony Lithur, told the court presided by Justice Samuel Asiedu that an application to strike out the second and third charges, which relate to assault was filed on Friday, May 24.
The accused were said to have been secretly recorded on their plot of attack on the target persons in an audio, which had since gone viral.
Counsel for Boahen, Dr Abdul Basit Aziz Bamba, said he had filed an application requesting for additional documents from the Attorney-General (A-G), including extract of diary of action, which is a record of all activities of an investigator once a complaint is filed with the police and the docket handed to the A-G.
However, the prosecution represented by Mrs Yvonne Atakora Obuobisa, the Director of Public Prosecution (DPP), told the court that, they were yet to be served with Mr Ofosu Ampofo’s application.
She said she will need time to consider it when served on them.
The DPP told the court that prosecution had filed its statement in opposition to request for diary of action.
On May 6, 2019, the case was adjourned to enable lawyers for the accused to study the witness statements, forensic report and transcript of audio recordings filed by the A-G.
Miss Gloria Afua Akuffo, the Attorney General and Minister of Justice, prosecuting, said, Mr Boahen faces only a charge of conspiracy to cause harm, while his colleague was charged with all the three counts.
When they were arraigned for the first time on April 16, 2019, Mr Lithur told the court that his client could not speak about the alleged leaked tape because it was doctored.
Mr Lithur said he would address the court on invasion of privacy of Mr Ampofo as they relate to the constitutional breach of his client’s rights.
Dr Bamba said his client denied the charges filed against him, and added that Article 19(2) (c) of the 1992 Constitution provides that Mr Boahen was innocent until he is proven guilty by the court.
He contended that the charges against the Deputy Communications Officer of the NDC were not grounded under the law.
The case stands adjourned.
BY MALIK SULLEMANA
