The Supreme Court (SC) yesterday dismissed an application in which Gregory Afoko is seeking to overturn the decision of a high court to revoke his bail.
Afoko, who is standing trial for conspiracy to commit crime and murder of Adams Mahama, the Upper East Regional Chairman of the New Patriotic Party (NPP), is challenging the decision of the high court on July 16 to revoke his bail.
But ruling on the application on Tuesday, a five-member panel of the SC presided by Justice Jones Dotse, stated that the application had no basis and dismissed it.
Afoko was granted GH¢500,000 bail on March 14, 2019, by Justice George Buadi, but the decision was rescinded by Justice Merley Wood, a Court of Appeal judge sitting with additional responsibility as a High Court judge.
Counsel for Afoko, Mr Sarfo Buabeng, told the court that the manner in which the bail was rescinded is at variance with law.
Afoko’s trial began in 2016, but just as the case was nearing completion, the state entered nolle prosequi to end the trial, following the arrest of Alangdi Asabke in neighbouring Cote d’Ivoire.
Afoko was taken through committal proceedings again at the district court and committed to stand trial at the high court.
His counsel contended that Afoko should have been discharged before the commencement of another trial.
Godred Dame Yeboah, a Deputy Attorney General and Minister of Justice said the application was filed out of time.
He said the trial judge did nothing wrong when she rescinded Afoko’s bail.
Mr Yeboah said the application was unmeritorious, and urged the court to dismiss it.
Afoko filed two applications at the SC, a certiorari to and prohibition, praying the apex court to quash the revocation of the bail and stop the High Court judge from hearing the case, and another application at the Court of Appeal challenging the decision to rescind the bail.
On July 17, 2019, the accused pleaded not guilty to conspiracy to commit crime and murder.
Consequently, a seven-member jury was sworn by Justice Wood.
Mrs Marina Appiah Opare, Chief State Attorney, prosecuting, told the court prosecution would invite 19 witnesses to make its case.
She said the prosecution would give evidence to prove that Afoko and Asabke agreed with a common purpose to murder Mahama.
On January 26, 2019, Afoko closed his case after he and John Ishmael Afoko, his brother had testified.
The facts are that Afoko was accused of killing Adams Mahama.
On May 20, 2015, the late Mahama left home in the morning at about 7am for his construction site in his Toyota pick-up with registration number MR761-14.
He returned home at about 11pm and stopped his vehicle at the entrance of his house.
Prosecution said as soon as he stopped, two men signalled him to roll down the window of his vehicle, which he did.
The two men allegedly poured acid on the late Mahama and fled on a motorcycle.
The deceased screamed for help, and his wife and other neighbours rushed him to the Bolgatanga Regional Hospital, where he passed on the following morning.
Prosecution alleged that the late Mahama mentioned to his wife and other witnesses that Afoko and Asabke poured acid on him.
The case stands adjourned.
BY MALIK SULLEMANA and RAISSA SAMBOU
