An Accra High Court has dismissed an application seeking to halt proceedings, in the case in which the National Chairman and the Deputy Communications Director of the National Democratic Congress (NDC), have been charged with conspiracy to cause harm and assault of public officers.
Mr Samuel Ofosu Ampofo, the National Chairman had filed an appeal challenging the high court’s decision not to strike out the charges against him.
He and Anthony Kweku Boahen, Deputy Communications Director of the party had pleaded not guilty to the charges against them, and are currently on GH¢100,000 bail each, with a surety.
In ruling on the application, the court presided by Justice Samuel Asiedu, took the view that the application lacks merit.
On June 7, 2019, the court dismissed the application to strike out the charges against Mr Ampofo.
Mr Tony Lithur, counsel for the NDC chairman, 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.
Ruling on the application, Justice Samuel Asiedu, presiding judge, said the narrations in the fact sheet remained mere allegations, which ought to be proved in accordance with law.
The judge took the view that the application sought to invite the court to assess the case of the prosecution, even before evidence were provided.
The trial of the duo was set to begin on July 8, 2019, however, Mr Asiamah Sampong, a senior state attorney, 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.
He contended that the charges against the Deputy Communications Officer of the NDC were not grounded in the law.
Miss Gloria Afua 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.